SRIKANTA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition was filed by the decree-holder of the property in question who got the decree from the Civil Court and also got possession by execution of the aforementioned decree passed by the learned Civil Judge, (Junior Division), 5th Court at Howrah. The decree was executed with the help of police and in presence of the Executive Magistrate. On the same date the judgement-debtors who were evicted by lawful execution of the decree entered the premises with their men and agents and they threw out the lawful owner who got possession by execution of the decree. FIR was lodged but the police did not take any step deliberately. After a gap of long period police have issued the charge-sheet and the matter is pending before the Criminal Court. The writ petitioner has come up before this Court questioning the inaction on the part of the police even in spite of having a decree obtained from the Civil Court and executed with police help. The police authorities sat tight by issuing a charge-sheet. No further step was taken to remove those persons who have criminally trespassed in the property of the petitioner by violating order of the Civil Court.

(2.) It was submitted that the obligation on the part of the police authorities are to remove the judgement-debtor who have criminally trespassed into the premises of the writ petitioner.

(3.) Learned Counsel for the State appears and submits that the police have taken step and criminal case is pending. However, it was also submitted that they will remove the trespassers and ultimately the trespassers were removed and the writ petitioner was given back possession.