Kanchan Karmakar and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Kanchan Karmakar and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the 1st petitioner to enter her room in the premises as and when she desires; private respondents to offer no resistance; police assistance in the event of resistance and police vigil over the area; no order as to costs.

Issue for consideration

Whether the 1st petitioner, who alleges she is restrained by the private respondents (respondent nos. 4 and 5) from entering her room in the property, is entitled to enter and reside there peacefully, with police assistance if resisted.

Court's answer

The Court records that the 1st petitioner is at liberty to enter her room in the premises in question as and when she desires, and no resistance shall be offered by the private respondents to her entering the said room.

Ratio / Principle

If the 1st petitioner faces any resistance, she shall approach the police authority, which shall render necessary assistance so that she is able to enter her room and reside there peacefully; the police authority is also directed to keep vigil over the area to avoid breach of law and order.

Detailed headnote1 paragraphs

Writ petition disposed of with directions. The property in question admittedly belonged to the husband of the 1st petitioner; the 2nd and 3rd petitioners are her daughters, and respondent nos. 4 and 5 are her son and daughter-in-law. The 1st petitioner alleged she was restrained from entering her room in the property by the private respondents, and that no step was taken on her complaint of 19th May, 2023. The private respondents contended the property is joint and undivided, that she left voluntarily, and that she may enter her room without resistance. The Court recorded that the 1st petitioner is at liberty to enter her room as and when she desires, that no resistance shall be offered by the private respondents, and that upon any resistance she may approach the police authority, which shall render necessary assistance to enable her to enter her room and reside peacefully; the police authority was further directed to keep vigil over the area to avoid breach of law and order. Writ petition disposed of; no order as to costs; allegations in the petition deemed not admitted since no affidavit was invited.

November 10, 2025 (26) ARDR

WPA 14540 of 2023

Kanchan Karmakar & ors. Vs. The State of West Bengal & ors.

Adv. Surya Prasad Chattopadhyay, Adv. Arjun Samanta, Adv. Trishtrya Mukherji, Adv. S. Nandi,

…for the petitioners.

Adv. Prabir Majumder, Adv. Sangeeta Chakraborty,

…for the respondent nos. 4 to 6.

Adv. Ashim Kr. Ganguly, Adv. Jyotsna Ray Mukherjee,

….for the State.

Report submitted by the State is taken on record. Heard learned counsels for the parties.

The property in question admittedly belonged to the husband of the 1^st petitioner. The 2^nd and 3^rd petitioners are her daughters, the 4^th respondent her son and the 5^th respondent is the wife of the son. The 1^st petitioner alleges that she is restrained from entering her room in the property by the private respondents. She lodged a complaint in this regard before the police authority on 19^th May, 2023 but no step has been taken.

Opposing the contention of the petitioners, learned counsel for the private respondents submits that the property is a joint undivided property which is occupied by both the 1^st petitioner and the private respondent nos. 4 and 5. Learned counsel submits that the 1^st petitioner left the house voluntarily and has not been restrained by the private respondents from entering thereto. If the 1^st

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petitioner seeks to enter her room today also, she can do so without any resistance from the private respondents.

In view of the above, this Court records that the 1^st petitioner is at liberty to enter her room in the premises in question as and when she desires. No resistance shall be offered by the private respondents in her entering the said room. In the event the 1^st petitioner faces any resistance in this regard, she shall approach the police authority who shall render necessary assistance to her so that she is able to enter her room and reside there peacefully. The police authority is also directed to keep vigil over the area in order to avoid breach of law and order.

With the above direction, the writ petition is disposed

of.

There shall however, be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted.

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

(Suvra Ghosh, J.)