Calcutta High Court (Appellete Side)
Boon Realtors Private Limited vs The Commissioner Of Police & Ors on 29 December, 2022
29-12-2022
Court No.07
AGM/AKG
Item No. 02
WPA 29163 of 2022
Boon Realtors Private Limited
Vs.
The Commissioner of Police & Ors.
Mr. Saptangshu Basu,
Mr. Dipankar Biswas,
Ms. Ranjabati Ray
...For the Petitioner.
Mr. Amal Kumar Sen,
Mr. Swapan Kumar Pal
...For KMC.
Mr. Partha Chakraborty,
Ms. Poulomi Dutta
... For the respondent no. 4.
The petitioner, in this present writ petition, has
prayed for police protection on the strength of the
order dated 17th December, 2022 passed by the
District Judge, 24 Parganas (Sourth) on Misc Appeal
No. 416 of 2022.
The relevant part of the said order dated 17 th
December, 2022 is reproduced below:
"That all the respondents including their
men and agents are restrained from
disturbing the peaceful possession of the
appellant, in respect of the Schedule 'C'
property without due process of law, till
17.01.2023."
Mr. Saptangshu Basu, learned senior advocate
representing the petitioner submits that order has
been passed by the District Judge to the extent that
respondents including their men and agents are
restrained from disturbing the peaceful possession of
the appellant, being the petitioner herein in respect of
Schedule 'C' property without due process of law till
17.01.2023.
While advancing argument on behalf of the
petitioner, reliance has been placed on the judgment
of the Apex Court reported in (2006) 4 Supreme
Court Cases 501 (P.R. Murlidharan and Others -
vs- Swami Dharmananda Theertha Padar and
Others).
According to the petitioner, it has been
unequivocally decided by the Apex Court in P.R.
Murlidharan (Supra) that when a civil court has
passed an order finally or at the interlocutory stage
declaring the rights, there is no impediment in
granting police protection in favour of the party in
whose favour Civil Court has passed order finally or
order may be interim in nature.
Accordingly, it has been submitted that since the
order has been passed by the appropriate Civil Court
dated 17th December, 2022 and a complaint has been
lodged before the concerned police authorities for
grant of police protection in order to restrain the
private respondents in interfering with the peaceful
enjoyment of the said property by that time the police
authority ought to have taken appropriate steps.
Mr. Amal Kumar Sen, learned Additional
Government Pleader representing the State
respondents has submitted report dated 28 th
December, 2022 of the officer-in-charge,
Bhowanipore Police Station, which is taken on record.
It has been submitted on behalf of the State
respondents since the order dated 17 th December,
2022 relates to Schedule 'C' property and that was
passed for a limited period upto 17 th January, 2023
the police authority, on being approached by the
petitioner, is required to demarcate schedule 'C'
property in order to extend the police protection in
favour of the petitioner.
Having considered the submissions made on
behalf of the respective parties, prayer for police
protection which has been made on behalf of the
petitioner, ought not to be granted at this stage till
Miscellaneous Appeal No. 416 of 2022 is finally
decided by the Civil Court. In this regard this Court is
also inclined to rely upon paragraph 19 of P.R.
Murlidharan (Supra) wherein it has been observed by
the Apex Court that it cannot be extended where
rights have not been decided finally by the civil court
at an interlocutory stage in unambiguous manner.
This Court also finds it improper to give direction
upon the police authorities to delineate Schedule 'C'
property for extending the police protection as sought
for on behalf of the petitioner.
Accordingly, the writ petition stands dismissed.
There shall be, however, no order as to costs.
Photostat certified copy of this order, if applied
for, be supplied to the learned advocates appearing
for the parties expeditiously on compliance of all
requisite formalities.
(Saugata Bhattacharyya, J.)
