Satyabrata Sinha, J. - (1.) The petitioner, in this application has, inter alia, prayed for issuance of a Writ of or in the nature of Mandamus directing the respondents to prevent criminal trespass, unlawful assembly and other illegal and unlawful activities on the part of the private respondents. It is stated that the petitioner is the owner of the property. The private respondents, however, are disturbing their possession. The petitioner on an earlier occasion had filed an application under Section 144(2)of the Code of Criminal Procedure, and sought for police help. As despite an order passed under sub-Section (2) of Section 144 of the Code of Criminal Procedure, no police help was given to the petitioner, he approached this Court in its constitutional writ jurisdiction. U. C. Banerjee, J. by an order dated 4 6.92 directed as follows : "The police authorities are directed to act in terms of the order of the learned Executive Magistrate, Basirhat dated 23.4.92 in M.P. Case No. 445 of 1992. In the event the Officer in-Charge, Sandesh-khali Police Station deems it expedient to post a police picket he shall post a police picket at the cost of the petitioner. The writ petition is thus disposed of".
(2.) It is stated that despite the said order, this year again the private respondents intend to create disturbance whereupon the petitioner had intimated the said fact to the concerned authorities. Thereafter, the petitioner again filed an application under Section 144(2) of the Code of Criminal Procedure before the S. D. M (E), Basirhat, North 24-Parganas. On the body of the said application itself, the learned Magistrate passed the following order : "Seen the petition u/s. 144 Cr. P. C. Call for a report from B. L. & L. R. O. Sandeshkhali-I. In the meantime O/C Sandeshkhali P. S will see that no breach of peace takes place over the suit ghery and also maintain peace. To 3.1.95".
(3.) The petitioner thereafter, through his learned Advocate demanded justice from the Circle Inspector of Police and the Officer-in-Charge, Sandeshkhali Police Station, in terms of the letter dated 25.11.94, which is contained in Annexure 'H' to the writ application. The grievance of the petitioner is that despite the same, the concerned respondents, namely, the respondent Nos. 6 and 7 have not posted any police picket nor given any police protection to the petitioner.;