- (1.) The petitioner in this art.226 petition dated "the 30th day of 2011" is seeking the following principal relief: "1. A writ of / in the nature of mandamus and/or order or orders and/or direction or directions and of like commanding the respondents and their men, agent and servants particularly the respondent No. 3 to forthwith take immediate steps to remove the unlawful restraint/ obstruction held out by the respondent No. 4 and /or his men and agents to the free ingress and egress and the proper enjoyment of Godown being No. 36/1 on the Ground Floor of Holding No./ 25, Kisanlala Burman Road, Howrah- 711 106 of which the petitioner is a monthly tenant."
(2.) Referring to the document at p.39 (an eviction notice) counsel for the petitioner submits that since the police have not taken necessary steps for removal of the obstructions in question, the petitioner has brought this petition alleging police inaction. He does not dispute that the petitioner s remedy, if any, was before the Criminal Court under s.147 CrPC. Counsel for the fifth and sixth respondents submits that the petition brought by a non-person is just not maintainable. The petition has been brought by one "Gupta Electric Company."
(3.) Nowhere it has been stated what this Gupta Electric Company is. As is known, a petition under art.226 can be filed only by a person (natural or legal). It is, therefore, evident that the petition has been brought by a non-person, and that it is not maintainable.;