Sen, J. - (1.) Special leave granted.
(2.) This is an extra-ordinary case. A private dispute between a landlord and a tenant was taken up in writ jurisdiction and mandatory orders were passed directing the State and the police authorities to allow the writ petitioner (the landlord) to have ingress and egress to and from the disputed premises. On the basis of this order, the landlord with the help of police authorities evicted the tenant from his flat. In other words, the landlord was able to get back possession of tenanted premises without having to go through the usual landlord and tenant proceedings before appropriate forum in accordance with law.
(3.) It appears that after instituting proceedings under Section 144 of the Criminal Procedure Code in the Court of the Executive Magistrate, the landlord moved the High Court under its constitutional writ jurisdiction. Shyamal Kumar Sen, J. on 13th August, 1993 passed an order directing the Officer-in-Charge, Muchipara Police Station, to make an enquiry into the complaint dated 26th July, 1993 and submit a report on 19th August, 1993. This was an exparte order without any notice to the tenant. On 30th August, 1993 the writ petition was finally disposed of on the basis of the police report. It was alleged that Rabin Roy and his brother Gobinda Roy had taken forcible possession of the first floor and other portion of the premises which had not been let out to Rabin Roy. The police authorities were directed to ensure that the free egress and ingress of the landlord to and from the disputed flat was not interfered with by the tenant. If necessary, the police authorities were directed to remove the obstruction to such free egress and ingress. All parties including the Officer-in-Charge, Muchipara Police Station, were directed to act on a signed copy of the minutes of the order. It is not known how the proceedings under Section 144 of the Criminal Procedure Code ended. But as a result of the order passed by the writ Court, the police evicted the tenant from the disputed premises and the landlord was able to resume possession immediately with police help.;