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Krishnaboti Devi & Anr vs State Of West Bengal & Ors

Calcutta High Court · Decided on 6 December 2018 · Citation: (2018) 12 CAL CK 0020

HON’BLE JUDGES
Tapabrata Chakraborty, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 107
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 23326 (W) Of 2018
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Judgment

8 paragraphs · 348 words

Affidavit-of-Service filed by the petitioners be kept on record.

Learned advocate appearing for the petitioners submits that the petitioner no.1 is an aged lady, who resides with her unmarried daughter, being the petitioner no.2 herein, at 64, P. K. Biswas Road, P.S. Khardah, District: North 24 Parganas. The private respondents are the sons and daughters-in-law of the petitioner no.1. They are intending to forcibly evict the petitioner no.1 from the land of which she is the owner. They are threatening the petitioners of dire consequences and they have also assaulted them. Such fact was brought to the notice of the police authorities but no steps have been taken.

Such allegations as levelled against the private respondents have been denied by Mr. Ganguli, learned advocate, who enters appearace on their behalf. He submits that the private respondents are not residing along with the petitioners. They are residing at a different place, as would be evident from the cause-title of the writ petition.

Md. Yasin Ali, learned advocate appearing for the State-respondent submits that on the basis of the intimation given and to ensure peace and tranquility, the police authorities have initiated proceedings under Section 107 of the Code of Criminal Procedure. Let the written instruction, as produced, be kept on record.

The private respondents are the sons and daughters-in-law of the petitioner no.1. It is expected that they should always maintain a cordial relationship with the petitioner no.1 and extend all assistance to her so that she can peacefully reside in her own property. From the written instruction, as produced, by the learned advocate appearing for the State respondents, it appears that the police authorities are patrolling the area and have kept a strict vigil to prevent untoward incident.

In the said conspectus, the writ petition is disposed of with a direction upon the respondent no.4 to ensure that no physical harm is caused to the petitioners.

With the above observations and directions the writ petition is disposed of.

Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.