VIJAI SHREE LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court : Mr Pal, counsel for the petitioners, submits that certain antisocial elements of the locality have wrongfully entered the jute mill of the petitioners and started erecting some unauthorised constructions whose photographs have been produced with the petition; and that inspite of repeated requests the police have not taken necessary steps. He has said that even after an order of the Executive Magistrate under s.144 of the Code of Criminal Procedure, 1973 the police have not driven the antisocial elements out of the mill area. After hearing Mr Pal and Ms Roy and considering the case stated in the petition, I am of the view that it will be appropriate to dispose of the petition making suitable observations.

(2.) IN my opinion, the petitioners, feeling helpless, ought to have applied to the Superintendent of Police of the district seeking supply of sufficient number of police guards at their expense so that the antisocial elements of the locality could be kept outside the mill area. Admitted position is that the petitioners did not apply to the Superintendent of Police seeking supply of police guards. Under the circumstances, I dispose of the art.226 petition ordering as follows. If the petitioners submit application requesting the Superintendent of Police to supply them sufficient number of police guards at their expense for protecting their jute mill and preventing antisocial elements from entering any part of the jute mill, then after making enquiry and recording proceedings the Superintendent of Police shall give a reasoned decision within 48 hours from the moment of receipt of the application.