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2024 Supreme(Cal) 713

SHAMPA SARKAR
Pryanka Dhotre – Appellant
Versus
Andaman And Nicobar Administration – Respondent


Advocates Appeared:
For the Petitioners: Mr. Lokesh Chezian.
For the Administration : Mr. Shatadru Chakraborty, Mr. Dibesh Dwivedi.
For the Private Respondents: Ms. Anjili Nag.

JUDGMENT :

Shampa Sarkar, J.

1. The writ petition has been filed challenging the order dated December 7, 2023 passed by the Senior Citizens Welfare & Maintenance Tribunal, Campbell Bay. The petitioners were directed to vacate the property, which was the subject matter of dispute.

2. The petitioners have challenged the said order on various grounds. First, that the petitioner No. 1 being a housewife, had no source of income. She was residing in the house of the father in law, which was a shared household and a protective order was passed in her favour by the Judicial Magistrate, Campbell Bay in Misc. Case No. 01 of 2022.

3. According to the petitioners, a direction was passed restraining dispossession of the petitioner No.1 and her family members from the shared house hold, without following the due process of law. The order impugned was passed without considering the above fact and also the contention of the petitioners that the senior citizen had already sold the property to a third party and had also accepted Rs. 10 lakhs as consideration. The sale agreement would indicate that the possession was also given in favour of the third party.

4. Under such circumstances, the Maintenance

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