The writ court possesses the inherent power to execute its own orders and can adopt its own procedures for the purpose, including following the procedures prescribed by Order 21 of the CPC.

( 1 ) THIS is an application under order 21, Rule 11 (2) of the Code of Civil Procedure, 1908 (in short 'the CPC), it has been filed for execution of order dated Sept. 6th passed in Writ Petition No. 2581 of 2001.

( 2 ) THE facts : The respondent (Kolkata metropolitan Development Authority) is the tenant of certain portions of the property at 3a, Auckland Place, Kolkata. The petitioners are the landlords. On Sept. 19th, 2000 the respondent agreed to refer the dispute regarding revision of rent to the competent authority in terms of circular dated August 3rd/11th, 1993 of the State Government. On the reference the First Land Acquisition collector, Calcutta, gave the decision dated march 20th , 2001. He fixed the fair and reasonable rent at Rs. 2,83,389/- per month inclusive of all taxes and costs of repairs and maintenance, the determination was directed to be effective from Jan. 1st, 1997. The petitioners forwarded the draft copy of the agreement, but the respondent did not respond. On June 6th, 2001 the petitioners raised a bill for Rs. l,33,43,616. 54p. The respondent did not pay the amount. On June 29th, 2001 the respondent vacated three floors out of seven floors it was occupying at the premises. On Dec. 30th, 2001 it surrendered two more floors. By a letter dated august 6th, 2001 the respondent increased the rent from July, 2001. The increase was at a rate much lower than the one fixed by the competent authority. Since the decision dated March 20th, 2001 given by the competent authority was not implemented by the respondent, the petitioners filed the writ-petition. By the order dated Sept. 6th, 2002 it was allowed; the respondent was directed to follow the decision dated March 20th, 2001. The respondent, however, did not comply with the direction. Hence the petitioners have filed this application for execution of the order.

( 3 ) MR. Moloy Basu, senior advocate, appears for the respondent. He questions the maintainability of the application by making the following submissions. An order passed in a writ petition cannot be executed under Order 21 of the CPC. As provided in section 141 of the CPC, its provisions do , not apply to a proceeding under Art. 226 of the Constitution of India. An order passed in a writ petition can be enforced only by initiating a contempt proceeding.

( 4 ) MR. Basu relies on the decisions in charanlal v. Shri Lal Bahadur Shastri harijan Samuhik, Krishl Sahakari Sanstha (Samtti) Saliya Barodi, AIR 1990 Madh Pra 114; Puran Singh v. State of Punjab, (1996) 2 SCC 205 : (AIR 1996 SC 1092) and ratanlal Nahata v. Nandita Bose, AIR 1999 cal 29.

( 5 ) MR, Pratap Chatterjee, senior advocate, appears for the petitioners. His submissions in reply, are the following. The order passed In a writ petition can certainly be executed under the provisions of the CPC, rule 53 of the writ rules of this Court provides that provisions of the CPC are applicable also to a writ petition.

( 6 ) MR. Chatterjee relies on the decisions in Jqgendra Chandra Sen v. Wazidunnlssa khatun, (1907) ILR 34 Cal 860; Kilachand devchand and Co. v. Ajodhyaprasad sukhanand, AIR 1934 Bom 452; Sm. Moni manjuri Dassi v. Mrs. Razik , AIR 1954 Cal 6; Dokku Bhushayya v. Katragadda ramakrishnayya, AIR 1962 SC 1886; rokyayabi v. Ismail, AIR 1984 Kant 234; vinay Kumar Vijay Kumar Ganodia v. Canton Carpentary Works (P) Ltd. (1991) 1 Cal lj 136; and Food Corporation of India v. S. N. Nagarkar, (2002) 2 SCC 475 : (AIR 2002 sc 808 ).

( 7 ) FOR the reasons recorded hereinafter I am of the view that this execution application is not maintainable.

( 8 ) THE order sought to be executed was passed by this Court in exercise of extra ordinary writ jurisdiction under Art. 226 of the Constitution of India. Although the proceeding was a civil proceeding, the jurisdiction exercised was not one of a civil Court. The execution application has been filed by invoking the ordinary original civil jurisdiction of this Court. Under this jurisdiction