WPA/25555/2025 of MARUFA BIBI Vs STATE OF WEST BENGAL AND ORS.
12
jdt. 25.02.2026
jb.
WPA 25555 of 2025
(Marufa Bibi vs. State of West Bengal & Ors.)
Mr. Sujit Bhunia
Mr. Bhaskar Hutait
…. For the Petitioner
Mr. Sayantan Hazra
Emrul Kayes
…. For the Private Respondent
Affidavit of service filed by the petitioner is taken on
record.
The petitioner is the mother of 5 th respondent and the
6th respondent is the wife of the 5th respondent.
Learned counsel for the petitioner submits that the
house in question belongs to the husband of the petitioner.
The private respondents who ordinarily reside in the same
house with th em tortured and assaulted them continuously
on demand of property. The petitioner was finally ousted from
the house . A fter the writ petition was filed, t he private
respondents unlocked one of the rooms of the house for the
petitioner and have shifted from the said house. The
petitioner is presently occupying one room in the house. She
seeks police protection.
Denying the allegations made by the petitioner,
learned counsel for the private respondents submits that the
5th respondent is the elder son of the petitioner and ordinarily
works for gain outside the State. The petitioner did not have
any complaint against him so long as he continued to send
money in the account of the petitioner. After he stopped
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sending money the present complaint was lodged. A writ
petition containing similar allegations was filed by the
petitioner against the younger son which has been disposed
of by a co-ordinate Bench of this Court by an order passed on
17th June, 2019.
I have considered the rival submission made on behalf
of the parties. It is not in dispute that the house in question
belongs to the husband of the petitioner. According to the
petitioner, she and her husband are presently occupying only
one room in the house since the other rooms are under lock
and key at the behest of the private respondents.
In view of the above, the police authority is directed to
render necessary assistance to the petitioner so that she
along with her husband is able to reside in the house
peacefully and without any disturbance from any corner
whatsoever. The police authority shall assist the petitioner to
unlock/break open the locks of the other rooms of the house
and occupy the same. The police shall keep strict vigil in the
area and shall render necessary assistance to the petitioner
as and when sought.
The writ petition is accordingly disposed of.
There shall be no order as to costs.
Since no affidavit has been invited, allegations
contained in the writ petition shall be deemed not to have
been admitted.
Urgent certified website copy of the order, if applied
for, be given to the parties on compliance of requisite
formalities.
(Suvra Ghosh, J.)