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Calcutta High CourtWPA/11242/2020disposed

Sadhan Kr Singha And ORS v. State Of West Bengal And ORS.

2022-07-06Hon'Ble Justice Shampa Sarkar2 pages

06.07.2022 Court No. 19 Item no.245 CP W.P.A. No. 11242 of 2020 Sadhan Kumar Singha & ors.

Vs.

The State of West Bengal & ors.

Mr. Subhas Ch. Saha Mr. Profulla Pal ...for the petitioners.

Sk. Md. Galib Mr. Kapil Guha ...for the State.

The police report is taken on record.

The petitioner alleges ouster from his residence. It appears from the report that the petitioner no. 1, himself, left the house after locking his portion and occasionally visited the same. It is further revealed that some outsiders would enter the premises and the respondent no. 4 and his wife used to feel threatened. The petitioner no.1 was trying to oust the respondent no.4 and his wife from the house, as per the police report. Be that as it may, these issues are not be considered.

This court directs that the petitioner no. 1 shall make himself available before the Officer-incharge, Chakdah Police Station on July 9, 2022 at 12 noon.

Police personnel, shall escort the petitioner back to his residential house. A vigil shall be kept in

order to ensure that the petitioner no. 1 can reside in the premises peacefully.

Law and order shall be maintained by the police authorities. The petitioner nos. 2 and 3 are already residing in the premises and, as such, no orders are passed in their favour.

The other issues with regard to the right of the respondent no. 4 to remain in the premises, has not been decided by this court.

The police authorities shall ensure that there is no breach of peace.

The writ petition is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)