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Judgment
Bibek Chaudhuri, J
In the instant writ petition the petitioner has challenged a notice issued by the Sub-Inspector of Police attached to Memari Police Station in pursuance
to an ex parte order passed in M. P. Case No. 509 of 2020 under Section 144 of the Code of Criminal Procedure by the Jurisdictional Executive
Magistrate. The parties were directed to maintain status quo in respect of a piece of land so that peace and tranquility may remain in the locality.
It is submitted by the petitioner that over the selfsame property the petitioner filed a suit being Title Suit No. 33 of 2018 against the private respondents
and the said suit was decreed in favour of him on 23rd December,2019. The private respondents filed M. P. Case No. 509 of 2020 only to frustrate
the decree in favour of the petitioner.
The efficacious relief of the petitioner lies in M. P. Case No. 509 of 2020 where he could have agitated the same fact and get the interim order of
status quo vacated. He could have taken recourse of Section 188 of the Code of Criminal Procedure. The petitioner could also have filed an
application under Section 397 read with Section 401 of the Code of Criminal Procedure before the learned Sessions Judge challenging the said order.
He could also have put the decree passed in favour of him for execution against the opposite parties.
Without taking recourse of such legal remedies, the petitioner straightway has come before this Court invoking the jurisdiction under Section 226 of the
Constitution.
I am of the considered view that where there are efficacious reliefs as stated above the instant writ petition is not maintainable. Accordingly, the writ
petition is summarily dismissed.
There shall be no order as to costs.