Daliya Begam v. State Of West Bengal And ORS.

08-02-2023 ct no. 13 Sl.24 sp WPA 26313 of 2022 Daliya Begam -VersusThe State of West Bengal & Ors.

Mr. Sumanta Chakraborty, Mr. Samirul Sardar ... for the petitioner Mr. Rajdeep Majumder, Mr. Pritam Roy ...for the respondent no.5 The Berhampore Police Station, Murshidabad has filed a report dated 07.02.2023, indicating that the private respondent Sumita Nasrin @ Lovely has a family property in Asolpur Ahela Hadishpara, Murshidabad which is occupied by her brother and two uncles. The property remains undivided.

Mr.

Rajdeep Majumder, learned counsel appearing for the private respondent submits that the house in question comprises of three floors. The ground floor has been let out on rent. The petitioner and the private respondent reside in the first floor. The second floor is vacant.

This Court has further been informed that the writ petitioners have themselves filed proceeding under the provisions of the D.V. Act, which is now pending. The daughter-in-law Ms. Sumita Nasrin @ Lovely shall stay in the said premises subject to any

orders passed by the Court in the D.V. proceedings, initiated by the petitioner. The private respondent and her daughter shall not be permitted to allow any of her relatives or friends to enter into the said premises.

It is submitted that the elder son of the petitioner, who is the husband of the private respondent, is a doctor in Qatar.

There is admittedly bad blood between the petitioner and the private respondent.

The Berhampore Police Station, Murshidabad shall ensure that the aforesaid order is strictly complied with by the private respondent.

The petitioner shall also not disturb the private respondent in any manner and shall abide by any orders that may be passed by the Court where the proceedings under the provisions of D.V. Act are pending.

The Berhampore Police Station, Murshidabad shall keep regular vigil on the said premises and ensure that there is no breach of peace in the area. In the event of any further complaints, due enquiry shall be made by the Berhampore Police Station, Murshidabad and coercive measures may be taken against the private respondent.

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.)