MADAN MOHAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against Order, dated 7th August, 1987 passed by the learned Trial Judge dismissing the writ petition moved by the appellant, Sri Madan Mohan Das.

(2.) It appears that previously in a proceeding under Section 147 of the Code of Criminal Procedure being Case No. 171 of 1985, an order was passed by the learned Magistrate on 20th December, 1986, inter alia, directing renovation of a nulla for discharging the foul water by Sri Madan Mohan Das on a finding that Sri Das had a right to discharge such water and had also right of maintenance and renovation of a nulla for the purpose on the basis of a solenama filed in the said proceeding. As the respondent opposite party Sri Monoranjan Das did not allow such renovation of the drain to be effected, a proceeding under Section 133 of the Code of Criminal Procedure was also initiated before the Executive Magistrate, Uluberia and the learned Magistrate on consideration of the facts and circumstances directed the Officer-in-Charge, Shyampur Police Station to ensure that the opposite party should not create any obstruction at the time of renovation and/ or minor construction of the disputed 'nulla' until further orders. As such order was not carried out by the Officer-in-Charge of the said Shyampur Police Station, a writ petition was moved before this Court but the same was dismissed by the learned Trial Judge. As aforesaid the instant appeal has been preferred against the said order of the learned Trial Judge.

(3.) It has been submitted before us that whether the order passed by the learned-Magistrate was justified in the facts and circumstances of the case should not be decided or gone into by the Officer-in-Charge of the Police Station. On the contrary, he had a duty and obligation to carry out the direction contained in the order passed by the learned Magistrate. If the opposite party was aggrieved by the order passed by the learned Magistrate on the footing that such order was illegal and should not have been passed, the opposite party could have moved before the appropriate authority in accordance with law.