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06-10-2023
Item No.15
IN THE HIGH COURT AT CALCUTTA
Subrata Constitutional Writ Jurisdiction
Bhattacharyya Appellate Side
AR(C)
WPA No.14838 of 2023
Sri Samar Pal Anr.
-vs-
State of West Bengal Ors.
Mr. Tanmay Basu
Mr. Shamik Bagchi
Mr. Subhjyoti Halder …for the petitioners
Mr. Md. Sk. Galib
Mr. Gourav Das …for the State
Affidavit of service filed in court be taken on
record. It does not appear that the private respondents
could be served with notice.
However, a report filed on behalf of the State is
also taken on record.
It appears from the report that after filing of the
writ petition, the private respondents – son and
daughter-in-law of the petitioner no.1 – came to the
police station and undertook that they had no problem if
the petitioners came back home.
Learned counsel for the petitioners submits as
follows. The petitioners are the parents of the fifth
respondent and parents-in-law of the sixth respondent
respectively. The petitioners are the joint owners of the
property in question. The private respondents no.5 and
6 have been trying to pressurize the petitioners to give
the property to them. In fact, the said private
respondents assaulted the petitioners and hit the first
petitioner so hard on his head with a stick that he had to
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be treated in the hospital. He was constrained to lodge
an FIR in this regard before the local police station.
Thereafter, the said private respondents have ousted the
petitioners from their own residence.
Learned counsel for the State relies on the report
and submits that on the complaint of the petitioner no.1,
a specific FIR has been lodged being Karimpur PS Case
No.88 of 2023 dated April 13, 2023. Earlier the
daughter-in-law had lodged an FIR against the
petitioners, inter alia, under section 498A IPC in which a
charge-sheet was submitted. The private respondents
have undertaken that they have no problem if the
parents come home. Although the petitioner no.1 was
assured that they would be provided necessary
assistance for residing peacefully in the house, he did
not agree and left the police station. He wants the son
and daughter-in-law to be evicted from the house.
As the petitioners are the absolutely owners of
the property in question, the son and daughter-in-law
would live in the said house only as the licensees. The
petitioners have every right to take necessary steps for
their eviction in accordance with law.
However, since the petitioners are the owners of
the property in question and had been residing there and
have allegedly be driven out by the private respondents,
at this advanced age, they need not be relegated to the
civil court for obtaining a relief for returning home.
Let the petitioners intimate the officer-in-charge
of Karimpur police station about their intended date and
time of return with a 24-hours’ notice. The officer-in-
charge in turn shall take necessary measure so that the
police escort can be provided to the petitioners for
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returning to their own house. The return of the
petitioners to their own home shall be videographed.
Even thereafter, the police authorities shall keep
the same vigil at the locale and see that no breach of
peace takes place. If any untoward incidents takes place
or is apprehended by the petitioners, they shall be at
liberty to inform the officer-in-charge of the local police
station who shall then take steps in accordance with
law.
With the observations as above, WPA No.14838 of
2023 is disposed of.
Certified copy of this order, if applied for, shall be
made available to the parties.
[Jay Sengupta, J]
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