TAPABRATA CHAKRABORTY,J. - (1.) The present writ petition has been preferred, inter alia, praying for issuance of necessary direction upon the police authorities to provide police assistance at the time of construction of the boundary wall over the property in question.
(2.) Mr. Banerjee, learned advocate appearing for the petitioners submits that the petitioners are the absolute owners of the property detailed in paragraph 2 of the writ petition. Though the private respondent nos. 4, 5 and 6 had no right, title and interest over the said land, they sought to encroach upon the petitioners' land and to interfere with the petitioners' possession and even took steps for raising construction and changing the nature and character of the land. Aggrieved thereby, the petitioners filed a title suit, being T.S. No. 115 of 2018 in which an interim order was passed on 14th March, 2018 restraining the defendants therein from disturbing the peaceful possession of the petitioners and from changing the nature and character of the land. According to Mr. Banerjee, the private respondents in violation of the said order passed by the competent civil forum are attempting to change the nature and character of the land. Such fact was brought to the notice of the police authorities by a representation dated 28th April, 2018 but no steps were taken and aggrieved thereby, the petitioners have approached this Court.
(3.) Drawing the attention of this Court to the prayer made in the writ petition and the representation made by the petitioner no. 1 to the respondent no. 3, Mr. Chakraborty, learned advocate appearing for the State respondents submits that the petitioners have sought for police assistance to construct a boundary wall in a property, which is the subject matter of a pending title suit. In the event the private respondents have violated the order, the petitioners ought to have taken necessary steps in the title suit instead of approaching this Court.;