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Calcutta High Court directs police to evict elderly man’s son and daughter-in-law from his house

Counsel for the State informed the Court that the police have registered an FIR against the son and daughter-in-law of the petitioner and investigation is going on. It is further informed by the Counsel that the Officer-in-charge, Bankura Sadar Police Station has assured all help to the Petitioners in case of need.

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The Calcutta High Court on Thursday directed the Officer-in-charge, Bankura Sadar Police Station to physically escort out the son and daughter-in-law of the senior citizen petitioner from his premises. The Court held the petitioner is entitled under Article 21 of the Constitution of India to live in peace in his own house.

Counsel for the petitioners submitted that his client (Ali Burhan & others / Petitioners) were residing in their own property at School Danga, Post Office and Police Station and District Bankura. He further submitted that the private respondent no.4 is the son of the petitioners and the respondent no.5 is the daughter-in-law. He also stated that his client is not comfortable and do not feel safe as long as the private respondents 4 and 5 are living with him. The client does not want the private respondents 4 and 5 to live in the said premises, Counsel added.

Counsel for the State informed the Court that the police have registered an FIR against the son and daughter-in-law of the petitioner and investigation is going on. It is further informed by the Counsel that the Officer-in-charge, Bankura Sadar Police Station has assured all help to the Petitioners in case of need.

A Single Bench of Justice Rajasekhar Mantha observed the fact that Petitioner no.1, Ali Burhan, is a senior citizen of 77 years of age and the residence, where the petitioner is living, is standing in his name. “This Court is inclined to in exercise of high prerogative writ jurisdiction under Article 226 of the Constitution of India and directs the Officer-in-charge, Bankura Sadar Police Station to physically escort out the respondent nos.4 and 5, out of the said premises immediately,” the order reads.

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It was clarified by the Court that the petitioners shall be put in possession of their premises to their exclusive use and residence. The officer-in-charge, Bankura Sadar Police Station shall also ensure that the respondent nos.4 and 5 do not enter the premises without the written permission of the writ Petitioners. A personnel of the police station shall be posted outside the house of the Petitioners until the next date, ordered the Court.

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