ATUL CHANDRA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ petitioners are the parents of respondent no. 5 Chandra Sekhar Jana and parents -in -law of the respondent no. 6.

(2.) IT is the case of the writ petitioners that the respondent nos. 5 and 6 were staying in the same one storied building, which was constructed by the writ petitioner no. 1, out of his own expenses, on a portion of the land which he inherited from his ancestor. It is their further case because of inhuman torture by the respondent nos. 5 and 6, both of them sometime in December, 2013 were forced to leave the said house and take shelter in a rented house at Kakurgachi, Maniktala.

(3.) WITH the aforesaid allegation, the writ petitioners approached this court. On 19th February, 2014 both the writ petitioners and the respondent nos. 5 and 6 were present personally in court and they denied all the allegations made against them and claimed that they were the victim of torture by the writ petitioners. When this court although was of the view, having regard to the involvement of a disputed question of fact in the matter, it would not be proper for it to exercise its extraordinary writ jurisdiction but at the same time was of the opinion that for ends of justice an attempt should be made to resolve the dispute between the parties and to ensure the writ petitioners are returned to their house and live there peacefully. Accordingly hearing of the case was adjourned till 19th of February, 2014 and the Officer -in -Charge of Egra Police Station, Purba Medinipur was directed to ensure the same.