SWATI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In MAT 683 of 2022, appellant has challenged the order of the learned Single Judge dated 9th of December, 2021 passed in WPA 19431 of 2021 directing the eviction of the appellant from the house of the respondent no. 4 herein (writ petitioner). Since the above order was passed in ex parte proceedings, therefore, appellant had applied for recall of the above order and the learned Single Judge by order dated 12th of April, 2022 has rejected the application for recall, hence, MAT 682 of 2022 has been filed challenging that order.

(2.) Respondent no. 4 herein (writ petitioner) had approached the Writ Court by way of the writ petition under Article 226 of the Constitution with the plea that the appellant was his daughter-in-law married to his son, Niladri Maiti @ Rishi. Appellant was residing in Midnapore as also in Kolkata in the second floor of premises No. 46A, Harish Chatterjee Street, Kolkata alongwith her husband, whereas, the respondent no. 4, along with his wife was residing in the first floor and both the floors belong to the respondent no. 4. It was further alleged in the writ petition that the appellant had started harassing and torturing the respondent no. 4, his wife and his son, physically and mentally, which compelled the son of the respondent no. 4 to go abroad and file a suit for divorce which was decreed in March, 2021 but the appellant had continued to reside in one room at the south-west corner of the second floor premises and had continued to harass the respondent no. 4. It was also alleged that the respondent no. 4 had filed a complaint in Kalighat Police Station on 25th of November, 2021 but no action was taken by the police, therefore, the writ petition was filed alleging that the respondent no. 4 was a senior citizen and appellant was a mere licensee in the second floor and making a prayer to evict the appellant from the room she was occupying on the second floor and direct the police authorities to restrain the appellant from committing any cognizable offence or nuisance and command the appellant to immediately leave the house of the respondent no. 4 by restoring the possession of the respondent no. 4 on the part of the second floor in possession of the appellant.

(3.) Learned Single Judge on 9th of December, 2021 had directed the Officer-in-Charge of the Kalighat Police Station to escort out the appellant from the second floor portion of the flat she was occupying by further directing that the appellant will be allowed to take out all her personal belongings from the said residence in presence of atleast three personnel from Kalighat Police Station and had adjourned the case calling for a report from the Officer-in-Charge, Kalighat Police Station. In pursuance to the aforesaid order, appellant was evicted and thrown out of the second floor portion on 10th of December, 2022, thereafter, she had filed an application for recall of the order dated 9th of December, 2021 passed in WPA 19431 of 2021 on the ground that she had no knowledge of the writ petitions and on 9th of December, 2021, she was evicted from the marital home summarily in a single apparel forcefully leaving behind her personal belongings. It was also stated in the application that even the decree of divorce was obtained ex parte and in the background of the plea taken in the application, a prayer was made before the learned Single Judge to recall the order dated 9th of December, 2021 and to restore the physical possession of the appellant in the premises in question.