Tilak Kumar Mondal And ANR v. State Of West Bengal And ORS.

23.02.2023.

Court No.13 Item No. 1 ap W.P.A. No. 4248 of 2022 Tilak Kumar Mondal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Purnendu Das, Ms. Swagata Biswas, Mr. Meghanil Manna.

...For the petitioners.

The Officer-in-charge, Sainthia Police Station has filed a report dated 14th February, 2023. The same is kept with the record.

It appears from the said report that the private respondents were made aware of the instant writ petition and have yet chosen not to appear before this Court.

The writ petition has been served on the private respondents. Notice of the last order of this Court dated 1st February, 2023 was, however, returned by the Postal Authority indicating that no such persons are available on the said address.

It appears from the said report, the submissions of the petitioner, who is personally present in Court and his learned Advocate that the property in question stands in the names of the petitioner no.1 and his wife.

The police, however, say that the property

stands in the name of the wife petitioner no.2, Mira Rani Mondal. The private respondent nos.5 and 6, therefore, cannot prevent the petitioner from living in the said premises peacefully.

In the above circumstances, Sainthia Police Station shall escort the petitioner no.1, his mother and his wife, the petitioner no.2 back into their house at Kalagram Village.

The private respondents shall be sternly warned against the disturbing the petitioners in any way whatsoever. Sainthia Police Station shall maintain a regular vigil on the said premises.

In the event of any further complaint from the petitioners, Sainthia Police Station shall be entitled to take coercive measures against the private respondent nos.5 and 6.

The petitioners want their daughter to take care of them. The daughter of the petitioners shall be entitled to visit them from time to time to ascertain and ensure wellbeing of the petitioners.

Sainthia Police Station shall apprise the private respondents and serve a copy of this order on them. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

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.)