MAHARANI MPNDAL BISWAS Vs. STATE OF WEST BANGAL

JUDGEMENT

(1.) This appeal is directed gainst a judgment and order dated 26-3-1999 passed by a learned Single Judge of this court whereby and whereunder the writ application filed by the appellant herein was summarily dismissed on the ground that the dispute involved is private in nature.

(2.) The fact that the petitioner and the private respondents have been fighting over a permises for a long time is not in dispute. The contention of Mrs. Mukherjee is that the learned trial Judge erred in dismissing the application in limine as the main relief prayed for in the writ application was directed against the Police Authorities. The prayers made by the petitioner in the writ application, inter alia, are :-

(3.) Mrs. Mukherjee, the learned Counsel submits that despite orders passed by the Civil Court and despite repeated orders passed under Section 144(2) of the Code of Criminal Procedure by the Magistrate, it had not been possible for her client to enter into her own premises. The learned Counsel contends that keeping in view the decision of Kanoria Jute & Industries Ltd. & Anr. v. The Home Secretary, Government of West Bengal & Ors.1, and CPA Consultancy Services Pvt. Ltd., Employees' Union & Ors. v. CPA Consultancy Services Pvt. Ltd. & Ors2, the writ application was maintainable.