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Calcutta High CourtWPA/26355/2024disposed

Dilara Parvin v. State Of West Bengal And ORS.

2025-04-03Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 20 03.04.2025 Bpg.

ct.no.35 W.P.A.26355 of 2024 Dilara Parvin

Versus

The State of West Bengal & Ors.

Mr. Pronojit Roy.

...for the petitioner.

Ms. Sabnam De Bardhan Mr. Amit Kr. Ghosh Mr. Hare Krishna Halder.

...for the State-respondents.

Mr. Rinku Sen Mr. Sagnik Bhattacharya.

...for the private respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that she is unable to enter her residence at the village and in spite of informing the administration, no steps have been taken.

State has submitted a report which reflects that Kaliyaganj Police Station Case No.506 of 2023 dated 29.11.2023 has been registered for investigation and subsequently charge-sheet has been submitted. The accused persons are absconding and, as such, warrant of arrest has been issued and proclamation order has been served. It is also reflected that another case being Kaliyaganj Police

Station Case No.514 of 2023 dated 04.12.2023 has been registered for investigation wherein the police authorities submitted their charge-sheet.

Be that as it may, petitioner's main grievance is that she is unable to enter village as well as stay at her residence. Police report reflects that the house is in an abandoned condition.

If there are no impediments from a court of law and there are vacant rooms available, if the petitioner intends to stay at the residence, police authorities would ensure that no resistance is created. However, it is directed that the police authorities will not throw away any person residing and in that case petitioner would approach the jurisdictional civil court for appropriate remedy for eviction of the unauthorized occupants.

With the aforesaid observations, WPA 26355 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)