Police costs for maintaining law and order during the execution of a decree are not leviable under Rule 208 (2) (b) of the Civil Rules and Orders of the High Court, Calcutta.

( 1 ) THIS is a rare case where the facts are such that despite the prayers of the petition not being appropriately framed, I am inclined to grant relief to the petitioner because he has been subjected to grave injustice. I proceed to grant relief to the petitioner keeping in mind that Article 226 of the Constitution ex facie confers a wide power on the High Courts to reach injustice wherever it is found [see Dwarkanath v. I. T. O. , AIR 1966 sc 81, followed in Shri Anadi Mukta Sadguru S. M. V. S. J. M. S. Trust v. V. R. Rudani, AIR 1989 SC 1607] and that if foundation for grant of a particular relief is laid and a party is entitled to relief on merits, an application cannot be thrown out simply on the ground that the proper writ or direction has not been prayed for and it would be permissible for the Writ Court to mould the relief for ends of justice.

( 2 ) CERTAIN basic facts are required to be noted for appreciating the plight of the petitioner.

( 3 ) AFTER being involved in a gruelling litigation for eleven long years, the petitioner succeeded in the suit instituted by him (T. S. No. 337 of 1987)before the learned Civil Judge (Junior Division), 1 st Court at Barasat, North 24-Parganas, in which he prayed for eviction of his tenant Bhola Nath mondal (the defendant) and recovery of possession of the suit property. During pendency of the suit, Bhola Nath died. His legal heirs were brought on record who contested the suit as defendants. The suit was decreed in part, on contest, on 4. 8. 98. The defendants were directed to vacate the suit premises in favour of the petitioner within three months from date failing which the petitioner was given liberty to execute the decree through court.

( 4 ) SINCE the defendants did not vacate the suit property, the decree was put into execution by the petitioner on 30. 6. 99 giving rise to T. Ex. Case No. 5 of 1999. Despite orders passe'd by the Executing Court, possession of the suit property could not be handed over to the petitioner owing to resistance put up by the judgment-debtors. On an application under Order XXI Rule 97 of the Code of Civil Procedure filed by the petitioner praying for police help, Misc. Case No. 5 of 2004 was registered. The Executing Court by order dated 17. 7. 04 was pleased to allow the misc. Case ex parte and passed an order directing issuance of a letter to the Superintendent of Police, North 24-Parganas (hereafter the said S. P.) for assessment of cost for providing police help involving an Inspector, three constables and two lady constables and to report by 7. 9. 04. This order failed to activate the said S. P. and consequently the petitioner had to again approach the Executing Court with a petition on 7. 12. 05 for issuance of an order on the said S. P. as and by way of a reminder. By an order dated 7. 12. 05, the Executing Court directed issuance of reminder to the said S. P. and the case was adjourned till 19. 1. 06 awaiting a reply.

( 5 ) THE woes of the petitioner persisted since the said S. P. remained unmoved. The petitioner was compelled to approach this Court in its Civil revisional Jurisdiction by filing an application under Article 227 of the constitution of India. By an order dated 3. 8. 06, the said application was disposed of by this Hon'ble Court with the following order: -

"it is really unfortunate that execution of a decree of Civil court has been frustrated by the inaction and indifference on the part of the Superintendent of Police, 24-Parganas (North ). In disposing of the revisional application, direction is given to the Superintendent of Police, 24-Parganas (North) to submit the estimated cost of police help within seven days from the date of communication of the order, failing which appropriate action will have to be taken against Superintendent of Police, 24-Parganas (North ). It is made clear that once the estimated cost is given, the executing Court shall take all possible steps to have the decree executed without any further loss

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