Ashok Bhushan, Ag. C.J. Heard the learned counsel for the petitioners and the learned State Attorney. Notice need not be send to 4th respondent in view of the order which is being passed.
2. Petitioners in this writ petition seek a direction to respondents 1 and 2 to afford adequate police protection to the peaceful life of the petitioners and their family members from the 4th respondent and her men.
3. 1st petitioner and the 4th respondent are owners of a house with regard to which a preliminary decree has already been passed in O.S. No. 578/2009. 2nd petitioner is the tenant of the 1st petitioner. The dispute is with regard to the main gate at the eastern side and the door inside the house. The allegation of the petitioners is that the door inside the house was locked by the 4th respondent, prohibiting the petitioners and family members from ingress and egress. Allegation is also made that injunction order is being violated. Ext. P6 complaint dated 13.11.2014 is filed by the 1st petitioner.
4. The learned State Attorney submits that after receiving the complaint, police has visited the spot and found out that the dispute is with regard to the house and W.P(C) No. 31243 of 2014 -: 2 :-
gate and there is no law and order problem and the issue is pertaining to the law and order in the house. He submits that since the dispute pertains to the main gate, the police has no role to play.
5. After perusing the records and having heard counsel for the parties, we are of the view that there being no law and order issue, no direction can be issued to the police authorities as prayed for. If there is any issue pertaining to use of main gate, the petitioners have to approach necessary forum. We further observe that in case there is an offence or threat to commit offence, the petitioners are at liberty to file necessary complaint before the police.
With the above observations, this writ petition is closed.
Sd/-
Ashok Bhushan, Ag. Chief Justice Tds/ Sd/-
A.M. Shaffique, Judge.