Sandhya Bose And ANR v. State Of West Bengal And ORS.

15.06.2023.

Court No.13 Item No. 15 ap W.P.A. No. 1869 of 2022 Sandhya Bose & Anr.

Versus

The State of West Bengal & Ors.

Mr. Chandan Kumar Lal.

...For the petitioners.

Ms. Sutapa Sanyal.

...For the respondent nos.4 & 5.

1. The writ petitioner no.2 has died during the pendency of the writ petition. His death certificate is produced before this Court. The writ petition survives only in so far as the petitioner no.1 is concerned.

2. Kasba Police Station is not represented despite order dated 19th May, 2023. The private respondents, namely, daughter and son-in-law are represented.

3. Ms. Sanyal, Counsel for the private respondent nos.4 and 5 submits that her father has willingly allowed her to stay in a 500 sq. ft. room inside the property since she was taking care of him.

4. It is further submitted by Ms. Sanyal, on instructions that she is willing to take care of her mother if the mother returns to the residence and does not wish to debar her from residing thereat.

5. This Court is of the view that the dispute between the petitioner no.1 and the private respondents is otherwise civil in nature. However, in view of the submissions of the private respondents, namely,

Mahua Saha and Mrinmoy Saha, the issue raised by the petitioner appears to have been resolved.

6. Kasba Police Station shall, however, ensure that there is no breach of peace in the area.

7. In view of the above, nothing further remains to be adjudicated in the instant writ petition and the same is disposed of.

8. There will be no order as to costs.

9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)