- (1.) The petitioners seek a direction upon the police to post a police picket and create a barricade at premises being 'A' Shed Jagannath Ghat, Strand Bank Road, Police Station: North Port, Kolkata 700 007. Learned Senior Advocate appearing for the petitioners submits that, there was a fire at the premises concerned. Such fire devastated the building. He draws the attention of the Court to the effect of such fire. He submits that, the building is in such precarious condition that, it is likely to collapse and cause serious life and property damages. He draws the attention of the Court a notice under Section 411(1) issued by the Kolkata Municipal Corporation Act, 1980 with regard to the premises. He submits that, Kolkata Municipal Corporation is of the view that, the property is required to be demolished. He seeks appropriate relief.
(2.) Learned Senior Standing Counsel appearing for the State submits, on instructions that, the request of KoPT was made to the North Port Police Station. The decision to cordon off is required to be taken at an appropriate level. He submits that, KoPT authorities initially tried to have a portion demolished by cordoning off the area, but they were not successful. Learned Senior Advocate appearing for Inland Vikash Limited submits that, his client filed Title Suit No. 3335 of 2010 which is pending before the learned Chief Judge, City Civil Court, Kolkata. In such suit on the application made at the behest of the writ petitioners herein, an Order No. 68 dated June 20, 2019 was passed. By such order an Engineer-Commissioner was appointed to inspect the suit property upon notice to the parties. The matter was made returnable on July 1, 2019.
(3.) Learned Senior Advocate appearing for the petitioners in reply submits that, the order dated June 20, 2019 passed in Title Suit No. 3335 of 2010 was made after several applications by the parties in the suit being taken up for consideration. His client applied for a direction upon the plaintiff of such suit to be evicted from the premises concerned and to hand over possession thereof. The order dated June 20, 2019 records that, such application would be taken up subsequently. He submits that, the order was passed on the basis of the application of the plaintiff of such suit under Order 26 Rule 9 read with Section 151 of the Code of Civil Procedure, 1908. His client is not seeking to evict any person from the premises through this writ petition. His clients are taking appropriate steps for eviction, in accordance with law.;