BROJENDRA NATH BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule with the corresponding interim order directing respondents Nos. 2 and 3 viz., Superintendent of Police Alipore and Officer-in-Charge, Canning Police Station respectively, to protect the fishery viz., Moukhali Fishery of Police Station Canning and for immediate posting of Police picket, was obtained on 13-10-1980.

(2.) The present application for vacating the interim order, has been filed by respondents Nos. 4, 7, 12, 15 and 17 in the Rule.

(3.) The fact, on which the Rule and an interim order as mentioned hereinbefore, was obtained, will have to be stated. It is the case of the petitioner that he is the sole proprietor of Moukhali Co-operative and has been conducting pisciculture at Village Moukhali, Police Station Canning. The petitioner has stated further that he instituted a Title Suit, being No. 25 of 1977, in the Court of the learned Subordinate Judge, 6th Court, Alipore, for interim order of injunction against respondents Nos. 5 to 21 and the learned Judge was pleased to grant such order of injunction and thereafter, on March 27, 1978, the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure was heard and was rejected.