Dharamshila Devi Shaw v. State Of West Bengal And ORS.

19.04.2023.

Court No.13 Item No. 18 ap W.P.A. No. 28137 of 2022 Dharam Shila Devi Shaw

Versus

The State of West Bengal & Ors.

Mr. Karan Dudhwewala.

...For the petitioner.

Mrs. Chama Mookherji, Ms. Paramita Pal.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner claims that a lady claiming to be her daughter-in-law along with her parents has forcibly entered into the house and has ousted her. The petitioner's son lives separately.

3. Tangra Police Station has submitted a report dated 20th December, 2022 in the form of instructions addressed to the State Advocate and the Counsel for the State has obtained oral instructions. It is submitted that the petitioner is staying in a house in a separate room. It is further submitted that the daughter-in-law is staying in a separate building adjacent to the petitioner's building.

4. This Court is, therefore, unable to countenance the argument of the petitioner that she has been ousted from her house.

5. The petitioner claims that the premises in question is tenanted.

6. The Writ Court or the police cannot decide as to whether that the private respondent no.6 is the petitioner's daughter-in-law or not.

7. The instant writ petition is disposed of without any order.

8. There will be no order as to costs.

9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)