- (1.) The petitioner in this art.226 petition dated November 2, 2011 is seeking the following principal relief: "(a) to issue a writ of and/or in the nature of Mandamus commanding the respondents and each one of them as to shy no steps shall be taken against the unauthorised and illegal persons and their associates and agents by restraining them from encroaching and/or entering into the piece and parcel of land being 24/3, Prince Ghulam Md. Shah Road, Police Station Jadavpur, Calcutta-700 033."
(2.) Counsel for the petitioner submits as follows. In view of s.23 of the Police Act, 1861 the officer in charge of the police station concerned was under an obligation to take action against the persons named in the petitioner s complaint dated October 19, 2011 (at p.33), because in the complaint the petitioner alleged that the persons had been wrongfully entering his property and threatening him. This is a case of contravention of art.21 of the Constitution of India.
(3.) Counsel for the State submits that without any valid reason the petitioner has approached the Writ Court concerning private disputes over right, title and interest in a colony land, when his remedy, if any, was only before the Civil and Criminal Courts.;