Calcutta High Court (Appellete Side)
(Sri Provakar Patowari vs The State Of West Bengal on 2 July, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
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24
02.07. 2014
rrc W. P. 18137 (W) of 2014
(Sri Provakar Patowari Vs. The State of West Bengal
& Ors.)
Mr. Rahul Karmakar
....For the petitioner
Mr. Anirban Datta
....For the State
Mr. Ujjwal Kanti Jana
....For the respdt. no. 5
The petitioner is aggrieved because the private respondents
have encroached a portion of his property obstructing his ingress/egress.
Mr. Karmakar, learned advocate for the petitioner has relied upon an enquiry report filed by the police in connection with an application under Section 144 of the Code of Criminal Procedure.
I have looked into the order that was passed by the magistrate on such application.
In view of the decision of the Division Bench of this Court reported in 1995 (1) CHN 224 (CPA Consultancy Services Pvt. Ltd. Employees' Union & Ors. Vs. CPA Consultancy Service Pvt. Ltd. & Ors.), the order calling for report from the police is illegal. The report that has been filed in pursuance of such an illegal order cannot be looked into by this Court.
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If at all what the petitioner alleges is correct, he ought to approach the civil court for a decree/order for declaration/ injunction to keep the private respondents at bay as well as to ensure protection and enjoyment of his property.
Reserving such liberty, the writ petition stands dismissed. There shall be no order for costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
( Dipankar Datta, J. )