← Library
Calcutta High CourtWPA/11774/2022disposed

Sk Upttar Uddin @ Sekh Aphtar Uddin v. State Of West Bengal And ORS.

2022-09-14Hon'Ble Justice Rajasekhar Mantha2 pages

14-09-2022 ct no. 13 Sl.57 sp WPA 11774 of 2022 Sk. Upttar Uddin @ Sekh Aphtar Uddin -VersusThe State of West Bengal & Ors.

Mr. Rameshwar Sinha, Ms. Ankita Dey ....for the petitioners Ms. Somashree Dey ....for the private respondent nos. 5, 6 and 7 The petitioner submits that the private respondent-wife has obtained an order from the learned Judicial Magistrate, 1st Court, Purulia, dated September 3, 2021 under the provisions of Section 23 (2) of the P.W.D.V. Act, 2005 against being dispossessed.

Pursuant to such order, the petitioner himself has been dispossessed by the opposite party-wife.

Learned counsel for the opposite party-wife submits that the petitioner is cohabiting with another lady and she has prevented the petitioner from entering into the property since she is apprehending that he will bring other lady into the house.

The private respondent-wife submits that she has no objection to the petitioner coming back to the house.

In those circumstances, the petitioner shall be allowed back into his own house. The private respondent-wife shall ensure that the petitioner is not threatened any more. He shall not bring any other lady into the said house.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)