Samar Kamley And Another vs The State Of West Bengal And Others
2023 Latest Caselaw 6216 Cal

                        HIGH COURT AT CALCUTTA

                  CONSTITUTIONAL WRIT JURISDICTION

Present:

THE HON'BLE JUSTICE JAY SENGUPTA

                             WPA 20350 of 2023
                         Samar Kamley and another
                                     Versus
                     The State of West Bengal and others



For the petitioners            Mr. P. Hazra




For the State                  Mr. Suman Ghosh
                               Mr. Sankha Prasad Roy


For the Private
Respondents                   Mr. Ankit Agarwala

Ms. Alotriya Mukherjee

Heard on 15.09.2023

Judgment on 15.09.2023

JAY SENGUPTA, J:

Affidavit of service filed in Court is taken on record.

A report filed by the State is also taken on record.

Learned advocate appearing for the petitioners submits as

follows. The petitioners are the parents of the respondent No.4

and the parents-in-law of the respondent No.5, respectively.

The petitioner No.1 is the owner of the property in question.

The private respondents have been disturbing the peaceful

possession of the petitioners and have been threatening and

intimidating them in order to grab the entire property despite

the fact that the petitioners have already constructed a separate

house for them. Earlier the private respondents had driven out

the petitioners from their own house. This prompted the

petitioners to approach this Court. By an order dated

04.08.2022 passed in WPA 13090 of 2022, this Court directed

the police authorities to escort the petitioners to their own

residence situated at Bhanjipur under Tarakeswar Police

Station. Only a few days after that the private respondents were

again ousted. They are forced to live elsewhere and an

application for contempt of court was filed. By an order dated

11.05.2023 the application was disposed of. Thereafter the

petitioners have approached this Court for a similar relief that

they may be escorted back to their own residence.

Learned advocate for the private respondents submits as

follows. The allegations made in the writ petition are denied.

The respondent No.4 is working as an artisan in a different

State. The private respondents have never been disturbing the

petitioners. There is nothing on record to show that they have

ever ousted the petitioners from their residence. The

respondent No.5 is living in the house with his minor daughter.

She would not do anything to disturb the petitioners or prevent

them for coming back home.

Learned advocate for the State relies on the report and

submits as follows. Pursuant to the order passed by this Court,

earlier the police had escorted the petitioners back to their

home. Inquiry reveals that at present the petitioners are now

residing at the house of one Arati Jana at village Bhanjipur with

a view to avoid family disputes. On the complaint of the

petitioners, two FIRs had been registered, one of which has

already ended in a charge-sheet.

This is an unfortunate case where the petitioners have to

approach this Court twice in a span of practically one year with

a prayer to reinstate them to their own residence because they

had been ousted from it by their own son and daughter-in-law.

It also appears that earlier the police had instituted the

criminal cases at the behest of the petitioners.

At this age, the petitioners should not be relegated to a civil

court for returning to their own house.

In view of the above and the interest of justice, let the

petitioners intimate the Officer-in-Charge of Tarakeswar Police

Station about their intended date and time of return with a

twenty-four hours' notice. Upon receiving such notice, the

Officer-in-Charge shall arrange for adequate police protection to

escort the petitioners to their own residence. The entry of the

petitioners to their own residence shall be videographed.

Even otherwise, the police shall keep a sharp vigil at the

locale and ensure that no breach of peace takes place.

In the event any untoward incident happens or is

apprehended by the petitioners, they shall be at liberty to inform

the local police station who shall then act in accordance with

law.

The petitioners shall be at liberty to file a civil suit for

eviction of the private parties.

As affidavits were not called for, the allegations made are

deemed not to have been admitted.

With these observations, the writ petition is disposed of.

Urgent certified copy of this order, if applied for, be

supplied to the parties upon compliance of all requisite

formalities.

[ Jay Sengupta, J. ]