- (1.) The petitioner in this WP under art.226 dated January 17, 2012 is seeking the following principal relief: "a) A writ in the nature of Mandamus commanding respondents Police authorities to maintain law and order situation in the area involved as mentioned in paragraph 2 to this petition and protection of life and properties of the petitioner and to give the Police help for cultivation of the Schedule land and also harvesting paddy and to take appropriate steps against the miscreants the respondent nos. 6 to 15 along with their associates for such illegaland unlawful activities."
(2.) Mr Manna appearing for the petitioner submits as follows. In terms of two decrees of the Civil Court the petitioner is entitled to cultivate the lands in question and harvest. For wrongful resistance put up by the private respondents she is unable to cultivate the lands and harvest. Since inspite of complaint the police have failed and neglected to take any action against the private respondents, a mandamus should be issued commanding the police to take action and see that the petitioner can cultivate the lands and harvest.
(3.) In my opinion, the petitioner's remedy, if any, was in summary proceedings under s.147 CrPC. The petitioner, claiming that the decrees of the Civil Court entitled her to cultivate the lands and harvest, and alleging that for wrongful resistance put up by the private respondents she is unable to cultivate the lands and harvest, ought to have initiated summary proceedings producing the decrees as evidence of her right. Her right could be ascertained by the Criminal Court after taking down evidence.;