NEW TIRUPATI TRAVELS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Whether police have the power, or a duty cast upon them by law, to break open a lock, which may have been put by a landlord on the commercial premises of his tenant, or shall the High Court, in exercise of its extra-ordinary jurisdiction under Article 226 of the Constitution of India, direct the police to break open the lock, in a situation as described hereinbefore, on the ground that the police have failed to discharge the duty cast upon them by the law of this land? This is the principal question, which the present appeal has raised, the appeal having been preferred against the order, dated 15.10.2014, passed in CWJC No. 17146 of 2014, whereby a learned single Judge of this Court has dismissed the writ petition.

(2.) We have heard Mr. S. D. Sanjay, learned Senior Counsel, appearing on behalf of the appellant, and Mr. Sanjay Mandal, learned Assistant Counsel to Standing Counsel No. 6, appearing for the State respondents. None has appeared on behalf of respondent Nos. 7 and 8.

(3.) Before we enter into the discussion of the correctness or legality of the order under appeal, the pleaded facts, in the writ petition, may, in brief, be set out as under: