Kolkata: The Calcutta High Court on Monday dismissed a writ petition related to a land dispute, stating that a writ of mandamus cannot be issued to enforce a civil court’s order unless the civil court itself directs such enforcement.
The petitioner, a resident of Krishnagar, had filed the writ petition under Article 226 of the Constitution before the bench of Justice Tirthankar Ghosh, seeking directions against the police and administrative authorities.
He alleged that despite obtaining an interim injunction from the Civil Judge (Junior Division), 3rd Court, Krishnagar, the police failed to assist him in constructing a house under the Awas Yojana scheme and allowed interference by private individuals.
The civil court’s order had restrained the defendants from disturbing the petitioner’s possession or changing the nature and character of the property. The petitioner claimed that this order was communicated to the local police, who nevertheless directed him not to proceed with the construction.
The petitioner prayed for issuance of writs directing the police to arrest certain private individuals, prevent them from entering his land, and provide assistance in construction.
He also sought to restrain the private parties from causing any obstruction.
In response, the state submitted a police report stating that complaints had been lodged by both sides. During the investigation, the petitioner did not produce the original title deed. Police proceedings were initiated under Sections 126 and 135 of the BNSS against the private respondents.
The High Court held that the civil court’s order must be enforced through the procedure laid down under the Civil Procedure Code. It stated that the role of the High Court under Article 226 is limited to ensuring compliance with public law obligations and does not extend to adjudicating private property disputes.
The court noted that the issues raised in the writ petition were civil in nature and that the police had acted in accordance with law. The petition was dismissed.