Order No:  4                                                                            Date:28/07/2023

This case record is taken up for consideration for passing order in respect of the M.A. case which has been cropped up from the application filed by the applicant/complainant side for granting police help. This prayer is not contesting by the O.ps. in spite of getting sufficient opportunity. It is the main point of contention of the applicant/complainant side that this District Commission has passed an order of injunction in C.C. case No.253/2022 on 29/09/2022 and restraining the O.ps. from creating third party interest or to transfer the “B” schedule property to the stranger outsider. It is pointed out by the applicant/complainant side that the O.ps. with the help of their agents and touts are not trying to transfer “B” schedule property by violation of the injunction order which is passed by the District Commission. It is submitted that for the purpose of implementation of the injunction order which is passed by this District Commission, there is urgent necessity of passing order of police help.

For the purpose of arriving at just and proper decision in respect of the above noted prayer of the applicant/complainant side this District Commission after going through the materials of this M.A. case as well as materials of the C.C. case No.253/2022 this District Commission finds that an order of injunction has been passed in respect of “B” schedule property and if the O.ps. and their agents and touts flouted the said order or violated of the said order of injunction, the main purpose of passing such order would be defeated by delay and the applicant/complainant side shall suffer irreparable loss and injury.

Now the question is whether the District Commission has the power of passing order of police help. Over this issue the decision of Hon’ble High Court which is repeated in [2010(2) CLJ (cal)] is very important where from it revealed the Ld. Court can pass an order of police help directing the police authority for implementing the order of injunction.

Considering above noted factors the officer-in-charge of Malipanchghora police station whether “B” schedule property is situated is directed to take all necessary steps to prevent the breach of injunction order passed by this District Commission on 29/09/2022 by any party. Regarding this matter the Officer-in-charge of Malipanchghora police station is further directed not to be influenced by the allegation raised by the complainant of this case. The Officer-in-charge, Malipanchghora police station is specifically instructed to look into the matter so that the O.ps. and their agents and touts cannot make any third party interest or transfer the “B” schedule property to the third party.

Let a copy of this order be sent to O.C., Malipanchghora police station for his information and take necessary step and to submit compliance report in each and every month positively within 7 days of each month.

In the light of this observation made above the M.A. case No.79/2023 is disposed of on contest.

Dictated & corrected by me.

President