- (1.) The petitioner in this WP under art.226 dated February 16, 2012 is seeking the following principal reliefs: a) A writ in the nature of Mandamus commanding the respondent Police authority to comply with the order dated 9.1.12 passed by the learned Magistrate, Katwa, Burdwan in M.P. Case No. 19/12 forthwith. b) A writ in the nature of Mandamus commanding the respondent No. 4 to see that the illegal construction of pucca house building on the land of the petitioner can not be made by the Private respondent No.5 and his associates.
(2.) Advocate for the petitioner submits as follows. The Civil Court has decreed the petitioner s suit. It has declared the petitioner s right, title, interest and possession and restrained the private respondent from disturbing the petitioner s possession of the property. Inspite of the decree the private respondent started threatening to dispossess the petitioner. Hence the petitioner initiated proceedings under s.144 CrPC. The police have not taken any action in execution of the order passed by the Executive Magistrate.
(3.) The order of the Executive Magistrate passed under s.144 CrPC is not be executed by the High Court under art.226. If anybody has disobeyed the order, then, instead of approaching the High Court under art.226 alleging police inaction and seeking execution of the order, the petitioner ought to have moved the Executive Magistrate who passed the order requesting him to initiate appropriate proceedings for disobedience.;