In the instant case the Hon’ble bench comprising Hon’ble Justice Rajasekhar Mantha, Hon’ble court after Hearing to a petition filed by senior citizen couple held that senior citizen is entitled under Article 21 of the Constitution of India to live in peace in their own house.
Submissions of Learned counsel for the petitioner are as follows:
- The petitioners in the present case were residing in their property.
- Further, petitioners herein are not comfortable and do not feel safe as long as the private respondent’s in the present case i.e., son and daughter-in-law of the petitioner are living with them and hence, they do not want the private respondents to live with them.
Pertinent to note, Counsel for the State submits that the police have registered an FIR against the son and daughter-in-law of the petitioner and investigation is going on.
The Hon’ble court while Because one of the petitioners herein is a senior citizen of 77 years of age and the fact that the residence, where the petitioners were living, is standing in name of the petitioner no.1 in the present case held that the senior citizen couple is entitled under Article 21 of the Constitution of India to live in peace in his own house by exercising high prerogative writ jurisdiction under Article 226 of the Constitution of India
Further, the Hon’ble Court directed the Officer-in-charge Bankura Sadar Police Station to physically escort out the son and daughter-in-law of the senior citizen couple herein, out of the said premises immediately.
Lastly, The Officer-in-charge, Bankura Sadar Police Station is directed to ensure that the private respondents do not enter the premises of the petitioner’s property without the written permission of the writ petitioners herein.
