- (1.) The petitioners in this WP under art.226 are seeking the following principal relief: "(b) in the nature of Mandamus commanding the respondent authorities their men, agents, associates, official assigns and each of them, particularly the respondent nos. 2 and 3, to provide adequate/proper Police Protection at the time of erecting fencing around the said property, excepting the acquisitioned portion, by the petitioners upon payment of necessary costs charges and expenses for such Police protection."
(2.) Relying on s.21 of the Calcutta Police Act, 1866, counsel for the petitioners submits that the respondents were under an obligation to supply the petitioners police guards at their expense so that with the help of the guards they might erect boundary walls around the lands in question, for the documents produced with the WP will clearly show that as owners of the lands they are entitled to erect the boundary walls around the lands.
(3.) For deciding the question whether police guards should be supplied for helping the petitioners to erect boundary walls around the properties it is necessary to decide whether the petitioners are entitled to erect boundary walls around the lands in question. None of the respondents possesses any power to decide the question. Nor do I find any reason to decide the question in exercise of power under art.226.;