JUDGMENT

M.K. Mukherjee, J.- Dayamay Bhattacharya (hereinafter referred to as the "petitioner") filed an application under section 144, Cr. P.c. before the learned Executive Magistrate, Barrackpore against Sri Surya Kanta Sur, Sri Sujit Kumar Sur, Sri Radheshyam Ghosh and some unknown others alleging that they were disturbing his peaceful possession in respect of the land described in the schedule to the said application and praying for an order restraining them from interfering with his such possession. On that application the learned Magistrate passed the following ex parte order on January 19, 1989.

"Seen petition. Heard the learned lawyer. O.C., Dum Dum P.S. will please enquire and report by 23.3.1989 and see that no breach of peace takes place in the disputed place. O.C. will enquire if any civil case is pending in the matter.

The scheduled plots belonging to the F P. shall not be encroached or dug by the members of the O.P. in any way. There shall be no violent incident over the issue. Legal protection be given to the F.P.".

2. Alleging non-compliance with the above order, in spite of service thereof the petitioner moved this court by filing under Article 226 of the Constitut