Md. Nasim & Ors. vs State Of West Bengal & Ors.

The present writ petition has been preferred, inter alia, praying for issuance of necessary direction upon the respondent nos.2 and 3 to render

sufficient police assistance on 4th May, 2018 or any other day, i.e., at the time of execution of writ of delivery of possession by the bailiff of the

learned trial Court in connection with Title Execution Case No.8 of 2015. Mr. Ganguly, learned advocate appearing for the petitioners submits that the

petitioners are the decree-holders in Title Suit no.318 of 2005.

For execution of the decree the petitioners filed an application being Title Execution Case No.8 of 2015 before the learned 2nd Court, Civil Judge,

Junior Division at Sealdah. In connection with the said Execution Case an application under Rule 208 of the Civil Rules and Orders was filed by the

petitioners for police help and the same was allowed on 3rd February, 2016 and the petitioners duly deposited the police cost on 16th February, 2016.

The bailiff, however, could not execute the writ of delivery of possession on 8th March, 2016 due to insufficient police officials. The petitioners filed a

further application before the learned Executing Court to render police assistance on 4th May, 2018, i.e., the date fixed for the bailiff to execute the

writ of delivery of possession but no appropriate order was passed and as such the petitioners approached this Court.

On 4th May, 2018 also the bailiff could not execute the writ of delivery of possession due to insufficient police officials. Mr. Chaturvedi, learned

advocate appearing for the private respondent no.4 submits that the petitioners obtained an ex parte decree and the respondents have already filed an

application under Order 9 Rule 13 of the Code and the same is still pending. When the petitioners have already filed an application for police

assistance before the learned Court below, they could not have approached this Court praying for the self-same relief.

In support of such contention he has placed reliance upon the judgments delivered in the case of Thansingh Nathmal & Ors. vs. The Superintendent of

Taxes, Dhubri & Ors., reported in AIR 1964 SC 1419, Star Paper Mills Ltd. vs. State of U.P & Ors., reported in (2006)10 SCC 201 and Ashoke

Ghosh & Ors. vs. Gopinath Ghosh & Ors., reported in 2000(2) CLJ 131.

In reply Mr. Ganguly submits that the Execution Case has been fixed for further hearing on 30th May, 2018 and the Officer In-charge of Ultadanga

Police Station has been directed to appear on the said returnable date. Indisputably, the Title Execution Case is pending before the learned Civil Judge

in which appropriate application has been preferred by the petitioner for police assistance and the learned Court has already directed the Officer in-

charge of Ultadanga Police Station to personally appear on 30th May, 2018.

In view thereof and as a dispute pertaining to grant of police assistance for execution of a writ of delivery of possession cannot be made the subject

matter of an application under Article 226 of the Constitution, the writ petition is dismissed. There shall, however, be no order as to costs. Urgent

photostat certified copy of this order be supplied to the parties on compliance of all formalities.