Basudeb Mondal @ Mandal And ANR v. State Of West Bengal And ORS.

01.03.2023 Court No.13 Item No.8 AP WPA 21016 of 2021 With IA NO: CAN 1 of 2022 Sri Basudeb Mondal @ Mandal and Anr.

Vs.

The State of West Bengal & Ors.

Mr. Debabrata Roy Mr. Manojit Paul Ms. Sahina Parvin Ms. Sarbani Mukhopadhyay Mr. Soumik Mondal Mr. S. Sarkar ... For the Petitioners.

Mr. Gangadhar Das Mr. Tanmoy Chattopadhyay ... For the Respondent Nos.5 & 6.

Re.: CAN 1 of 2022 Sufficient grounds are available to explain the absence of the writ petitioners on 18th November, 2022. The order dated 18th November, 2022 is recalled. The writ petition is hence restored to its original file and number.

Accordingly, CAN 1 of 2022 is allowed.

Re.: WPA 21016 of 2021 The Inspector-in-Charge, English Bazar Police Station, Malda has filed a report dated 12th January, 2023 and the same is taken on record.

It appears from the report that the private respondents/son and daughter-in-law obstructed the writ petitioners from entering into the house.

The private respondents/son and daughter-inlaw are represented. They denied the allegations that they have prevented the writ petitioners from entering into the house. It is further submitted that the petitioners are being instigated by their daughters. Admittedly, the private respondent/son is a police constable. He is otherwise entitled to housing, provided by the State Police.

The English Bazar Police shall depute a constable, who shall escort the petitioners back into their house.

The private respondents/son and daughter-in-law shall not disturb the petitioners in any way. The private respondent/son and his family members shall confine themselves only to one room in the house. The petitioners shall be entitled to exclusive use of the balance of the property.

The Inspector-in-Charge, English Bazar Police Station, Malda shall personally ensure that the aforesaid arrangement is put in place and complied with by the private respondents and their family members.

The private respondents/son and daughter-inlaw want to use affidavit. Let affidavit-in-opposition be filed within a period of three weeks from date; reply, if any, be filed within a week thereafter.

Liberty to mention.

In the event the aforesaid order is not complied with by the private respondents, the petitioners shall be at liberty to apply before this Court.

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

(Rajasekhar Mantha, J.)