SANJAY KUMAR SETHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this WP under art.226 dated January 2, 2012 is alleging police inaction in that the police have not taken necessary steps in execution of the orders passed by the Civil Court in his suit against the private respondents.

(2.) THE petitioner instituted Title Suit No. 1737 of 2011 against the eight private respondents in the City Civil Court at Calcutta. He prayed, inter alia, for a mandatory injunction directing restoration of water supply to the suit premises. He filed an application under O.39, Rr.1 and 2 CPC seeking temporary injunction. Considering his application, the Civil Court passed an order dated September 3, 2011 (at p.92) directing the defendants in the suit to restore water supply to the suit premises immediately.

(3.) NOW alleging that in spite of the order dated December 19, 2011 the officer in charge of the police station has not taken any step the petitioner has filed this WP Relying on Bhopal Sugar Industries Ltd.v. Income-tax Officer, Bhopal, AIR 1961 SC 182, counsel for the petitioner has argued that seeking a mandamus commanding the officer in charge to act in terms of the order of the Civil Court dated December 19, 2011 the petitioner can approach the High Court under art.226.