- (1.) The petitioner in this art.226 petition dated September 29, 2011 is seeking the following principal relief: a) A writ of Mandamus appointing Central Bureau of Investigation to hold the investigation into the matter and into the complaints annexed to the writ petition and also hold investigation into the criminal activities and atrocities as being committed by the Khans and their anti-social elements and further directing the respondents to take appropriate steps in terms of the complaints so that peaceful enjoyment of the tenanted premises by the petitioner is not disturbed at any point of time including mid night by Khans and their anti-social elements or the police authorities.
(2.) Mr Bhattacharya appearing for the petitioner has argued as follows. The private respondents, two of whom are sons of a dreaded criminal now languishing in jail, have committed several offences, but the police, instead of taking action against them and giving the petitioner and the members of his family protection, have started harassing the petitioner and the members of his family. In view of the law explained by this Court in Kalpana Pal v. State of West Bengal & Ors., 2011 3 WbLR 236 the petitioner is entitled to approach the High Court under art.226 seeking a mandamus commanding the police to register an FIR, investigate the case and give the petitioner and the members of his family necessary protection.
(3.) Mr Banerjee appearing for the State has submitted on the basis of written instructions received from the officer in charge of Taltala police station that allegations made by the petitioner are absolutely incorrect.;