- (1.) Instead of taking the stay application, we have taken up the appeal itself for final hearing with the consent of the Learned Advocates for the parties by treating the same as on day's list.
(2.) The appeal is directed against an order passed by the Learned Single Judge on 26th August, 2011 in W.P. No. 13993 (W) of 2011 moved by the writ petitioner and the writ petitioner prayed for an order to issue a writ in the nature of Mandamus by directing the respondents to take legal steps against the private respondents for his criminal acts and conducts and also give the petitioner proper help for protection of his right so that they can live peacefully.
(3.) It appears that the petitioner obtained an order from the Executive Magistrate under Section 144 of the Code of Criminal Procedure on 10th January, 2011. The writ petitioner further stated that he was apprehending dispossession. As a result letters were addressed to the police authorities including the Superintendent of Police. The application was also filed that inspite of filing the complaint with the police authorities, some persons forcibly broke the boundary wall of the writ petitioner's house and it is further alleged that they also tried to murder him. But it appears from the facts that there is an iota of evidence with regard to some persons, who tried to murder him. If there is any question of murdering the writ petitioner as alleged in the writ petition, the matter should be proceeded with before the appropriate forum and not in the writ jurisdiction which has been specifically stated by the Learned Single Judge.;