Sachi Rani Dutta v. State Of West Bengal And ORS.

S/L 7 18.08.2022 Court. No. 19 GB WPA 16113 of 2022 Sachi Rani Dutta VS The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal).

... for the Petitioner.

Mr. Pantu Deb Roy, Mr. Anand Farmania.

... for the State.

Mr. Jaydip Banerjee.

... for the Respondent Nos.6 & 7.

Affidavit-of-service filed in Court today, is kept with the record.

The petitioner alleges dispossession by the respondent nos.6 and 7. The respondent no.6 is the wife of the predeceased son and the respondent no.7 is the daughter of the pre-deceased son. The allegation is that the said respondents forcefully drove the petitioner out of the residential house. The petitioner filed a complaint against the respondent nos.6 and 7.

The police authorities enquired and apprehending breach of peace, prosecution under Section 107 of the Code of Criminal Procedure was submitted against the said respondents. Subsequent complaint of the petitioner with regard to the resistance faced by her, when she tried to enter into the house, was received by the police authorities through speed post. The son-in-law of the petitioner was contacted as the petitioner did not leave any contact number and he was intimated over telephone that if the petitioner wanted to return to the house, the police authorities would provide all necessary assistance. The respondent nos.6 and 7 were also

contacted and the respondent no.6 by a letter intimated the police authorities that they do not have any objection if the petitioner wanted to come back to the house. She rather stated in the letter that she had requested the petitioner to stay with her, but the petitioner herself left for her daughter's house.

Under such circumstances, there does not seem to be any problem between the parties. Whenever the petitioner approaches the police authorities with the desire to enter into her own house, the police authorities shall provide all necessary assistance and ensure that the petitioner is not disturbed in any way.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)