- (1.) The petitioner in this WP under art.226 dated February 6 2012 is seeking the following principal relief: "a) A writ in the nature of Mandamus commanding the Respondent No. 4 as to why steps has not been taken against the Respondent No. 5 after receiving the Learned Civil Courts passed in two orders and the order which has passed by the Learned Executive Magistrate, Barrackpore. Further commanding the Respondent No. 4 for restraining the Respondent No. 5 and his associates not to enter and/or interfere over the petitioner s land at the time of construction."
(2.) Counsel for the petitioner submits as follows. Inspite of orders of the Civil Court and the Executive Magistrate the private respondent having no right, title or interest in the property has been constantly interfering with the petitioner s right to erect constructions on the land in question. Hence an order should be made directing the Superintendent of Police of the district to give the petitioner necessary police help so that he may erect the constructions.
(3.) Whether the Civil Court order entitles the petitioner to erect any construction on the land in question is to be decided in summary proceedings under s.147 CrPC where the order of the Civil Court can be produced as a piece of evidence in support of the claim. The petitioner, claiming right to use the land and alleging that for wrongful obstruction of the private respondent he is unable to use it, curiously initiated proceedings under s.144 CrPC where the question of removal of obstruction and directing the police to take necessary steps could not be examined.;