Disposed

Bijoy Kumar Banik and Anr. v. State of West Bengal and Ors.

Calcutta HC25 Sept 2023WPA/11426/2023

Case brief

AI extract

What is this about?

This Single Judge Writ Petition addresses a family dispute where petitioners, elderly parents ousted from property by their son and daughter-in-law, sought police security to return. The court directed the police to provide security and vigilance for their return with a 24-hour notice.

What did the court decide?

The police shall provide adequate security arrangement for the petitioners to return to their residence after being intimated with twenty-four hours notice and shall maintain vigil to prevent breach o

Bijoy Kumar Banik and Anr. Vs State of West Bengal and… — Landlord and Tenant | Calcutta HC (2023)

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September 25, 2023 AD 235 Court No.14 SG

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WPA 11426 of 2023

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Bijoy Kumar Banik and another vs State of West Bengal and others

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Mr. Sourav Chakraborty … for the petitioners Mr. Tapas Kumar Mondal … for the State

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Affidavit of service filed in Court is taken on record. A report filed by the State is also taken on record.

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Learned advocate appearing for the petitioners submits as follows. The petitioners are the parents of the respondent No.4 and the parents-in-law of the respondent No.5. The petitioner No.1 was originally the owner of the property in question. He gifted the entire property to his wife i.e., the petitioner No.2 in the year 2001. The private respondents had been torturing the petitioners for quite sometime. They had been harassing and intimidating and even assaulting the petitioners. Sometime ago, the private respondents ousted the petitioners from their own properties. Police help was sought, but was denied.

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Learned advocate for the State relies on the report and submits as follows. It appears that there is a family dispute between the private parties. There is a case and a counter-case filed by each side.

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It appears that although the petitioner No.2 is presently the owner of the property in question which was

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originally owned by the petitioner No.1. They both have allegedly been ousted by their son and daughter-in-law.

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Regardless of the veracity of such allegations, the owners of the property have every right to stay there and their son and daughter-in-law could at best live there as licensees.

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At this age, the petitioners cannot be relegated to the civil court to obtain necessary relief in this regard.

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In view of the above and in the interest of justice, let the petitioners intimate the Officer-in-Charge of Chakdah Police Station about the intended date and time of their return with a twenty-four hour’s notice. In such event the police shall provide adequate security arrangement, so that the petitioners can go back to their residence.

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The police shall also keep a sharp vigil at the locale and ensure that no breach of peace takes place.

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With these observations, the writ petition is disposed of.

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

Bijoy Kumar Banik and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Bijoy Kumar Banik and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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