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Calcutta High CourtWPA/3242/2020disposed

Swarupa Samanta & ANR v. State Of West Bengal & ORS

2022-04-04Hon'Ble Justice Rajasekhar Mantha2 pages

04.04.2022 Item No.27 Court No.13 AB W.P.A. 3242 of 2020 Smt. Swarupa Samanta & Anr.

Vs The State of West Bengal & Ors.

Mr. K. K. Mukherjee ....for the Petitioners. Mr. Lalit Mahata, Ms. Sangeeta Roy ...for the State.

The writ petitioners complain that they have been evicted by the Respondent Nos. 6 and 7 from their house which is standing in the name of the petitioner no.2. They have also initiated proceedings under Section 125 of the Code of Criminal Procedure. The private respondents, being the petitioner's son and daughter-in-law are not represented despite notice.

Since the property in question stands in the name of the petitioner no.2, the Officer in Charge, Falta Police Station, shall as far as possible see that the petitioners can be accommodated in their own house.

The right, title and interest to the property may be decided in the appropriate civil court. An appropriate warning shall be issued by the O.C., Falta

P.S., to the private respondents against causing any harm to the writ petitioners.

Report of Falta Police Station dated February 25, 2022, in the form of instructions to the Government Pleader, be taken on record.

The proceedings under Section 125 Cr.P.C. may continue in accordance with law.

With the aforesaid observations, WPA 3242 of 2020 stands disposed of.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Rajasekhar Mantha, J.)