- (1.) The Court: The petitioner in this WP under art.226 dated June 13,2011 is seeking the following principal relief: b. Issue a Writ of/in the nature of Mandamus commanding the Respondents and each of them particularly the Respondents No.2 and 3 to forthwith give protection to your petitioner that nobody can violate the order of court as in annexure P2 and P4 above. Annexure P2 referred to in prayer (b) is at p.27. It is not an order as claimed in the prayer, but a copy of the plaint filing which the petitioner instituted a suit against the private respondents for declaration and injunction. Annexure P4 referred to in prayer (b) is at p.38. It, however, is an order of an Executive Magistrate dated March 10,2011 passed under s.144(2) CrPC on the basis of an application filed by the petitioner against the private respondents.
(2.) Relevant part of the order is quoted below: I/C Bagnan is directed to enquired the suit land & maintain law & order and peace. The petitioner has purchased the land hence directed to restrain the O.Ps immediately. The O.Ps threatening the petitioner stop all kind of activities immediately and help the petitioner as he purchased the land & report within 15 days.
(3.) The document at p.36 it is marked as Annexure P3 is an order of the Civil Court dated January 4,2011 passed in the petitioner s suit instituted against the private respondents. After examining the petitioner s prayer for ad interim order of injunction the Civil Court passed the following order: Both parties are directed to maintain status with regard to nature, character and possession in the suit property till 04.02.11. Requisites at once. ;