PROBODH CHANDRA DUTT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an extra-ordinary case. The petitioner, Probodh Chandra Dutt, filed a title suit, being Title Suit No. 4 of 1953, in the Munsiff's Court at Bongaon for a declaration of title and for possession of a small piece of land measuring about 15 feet 15 feet only. It is less than a cotta of land, being the only passage leading to the petitioner's dwelling house. The suit was for the removal of temporary tin sheds wrongfully raised by three defendants, Dulai Sinha, Nandalal Paul and Bejoy Kumar Sirkar, who are all respondents to this application. The value of this land does not exceed more than Rs. 75/- only. On the 27th July, 1954, the suit was decreed in favour of the petitioner with costs. The decree provided for the declaration of the plaintiff's title to the land and for khas possession by eviction of the defendants and removal of the structures. For the last five years, the petitioner decree-holder has not been successful in getting possession of this land.

(2.) THE present application was made under Article 226 of the Constitution for a writ of certiorari against the order of the learned Munsif, the nature of which. I shall presently describe.

(3.) AS the petitioner could not execute the decree for recovery of possession, he applied for police help and was prepared to pay reasonable police charges. By an order passed by the Munsif on the 27th/28th February, 1956, the petitioner was required to deposit the exorbitant sum of Rs. 7641/- as costs for such police help. It is against this order that the petitioner has come up before the Court for a constitutional writ to quash it. He naturally says that this is denial of hare justice to him. Indeed, I have not come across a more glaring case. If a citizen of this Republic who has obtained his decree from the lawfully constituted Courts of this country has got to deposit for police costs the sum of Rs. 7641/- for the recovery of a small area of land hardly measuring 15 feet 15 feet and not worth more than Rs. 75/- to indicate and execute his decree then. I am afraid all judicial processes, judicial pronouncements and decrees are in grave danger and the whole Government and administration are in jeopardy.