Ashok Bhushan, Ag.CJ
Heard learned counsel for the petitioner and the learned Government Pleader. Though notice was issued to respondents 3 and 4, there is no appearance on their behalf.
2. Petitioner has approached this Court for a direction to respondents 1 and 2 to afford adequate police protection for the smooth functioning of his restaurant from the threat of respondents 3 and 4. Petitioner's case is that 3rd respondent is the landlord of the premises where petitioner is running the restaurant. He submits that though the dispute regarding eviction is already engaging attention of the Rent Control Court, the respondents are taking steps for forcible eviction of the petitioner from the shop in question. Petitioner has come up in this writ petition seeking protection from such forcible eviction.
3. Learned Government Pleader, after obtaining instructions, has submitted that since the dispute between the parties regarding shop room in question, which is already pending before the Rent Control Court as R.C.P.No.03/2013, is a civil dispute, the police have no role to play. The learned Government Pleader, further submits that there were certain allegations against the shop regarding illegal sale of liquor with regard to which police had searched the premises. It is also submitted that on a complaint filed by the petitioner's manager, a crime has also been registered against the 4th respondent.
4. Be that as it may, police authorities are bound to maintain law and order and they shall ensure that without there being any valid process of law, petitioner shall not be evicted forcibly at the instance of respondents 3 and 4.
With the above observation, this writ petition is closed.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr