A Writ Petition is not maintainable where adequate remedies are available to a party for redressal of its grievances.

Anandamoy Bhattacharjee, C.J.

1. I have gone through the draft of the judgment prepared by Asok Kumar Ganguly, J. appearing hereinafter, and I agree that the appeal must be allowed and the writ petition giving rise to this appeal must be dismissed.

2. As to the proceeding under s. 144 of the Code of Criminal Procedure, I reiterate what I stated in Gopalji Prasad vs. State (1981 Criminal Law Journal, page 61) and I am glad that this decision has also earned the concurrence of my learned brother.

3. Ganguly J. has referred to the decisions of Lord Denning in R. vs. Metropolitan Police Commissioner (1968-1 All. E.R. page 763) and R. vs. Chief Constable of Devon (1981-3 All. E.R. page 826) to the effect that Writ Court cannot be moved for issuing a Mandamus upon the police to do specific acts. I do not know why. I would like to think that in a given case a Writ Court may have to mandate the police or some such authority to do the specific act which such authority was otherwise bound to do. But in the case at hand, however, on the facts and circumstances of the case, I do not think this was a fit case which warranted any such mandate from the Writ Court to the police.

(Anandamoy Bhattacharjee, C.J.)

4. Asok Kumar Ganguly, J.: The subject matter of Appeal in this case is an Order dated 6th January, 1994 passed by the learned Trial Judge on the writ petition filed by the first Respondent. In the said writ petition the first Respondent virtually prayed for a direction upon the police for implementing the Order dated December 18, 1993 passed by the Executive and Metropolitan Magistrate, 11th Court, Calcutta on a petition under s. 144 of the Criminal Procedure Code filed by the first Respondent. There is also a prayer for removal of some of the employees who are members of the appellant's Union from the Office Premises of the first Respondent situated at the 3rd floor of Premises No. 11/1A, Sarojini Naidu Sarani for the purpose of ensuring free ingress of the first Respondent's Officers, employees and callers and for carrying out its lawful activities and foc removal of some records and documents.

5. With the consent of the parties we decided to hear the present appeal finally and also the Writ Petition and informal paper books have been filed.

6. As the members of the appellant were resisting removal of certain documents, papers etc. the petitioner moved an application before the Executive Magistrate's Court under the provision of s. 144 of the Criminal Procedure Code whereupon an Order was passed on 18th December, 1993 by the Executive Magistrate Court, Calcutta to the following effect :-

"Heard the Learned Advocate, considered.

O.C. Park Street, P.S. is to enquire into the matter and report by 20.1.1994 and to see that the O.Ps. and their men and agents to not cause any obstruction in removing the documents belonging to the third parties and to see that the functioning of the firm is not affected in any manner by the wrongful acts of the aced. persons. And further, the O.C. is to provide police picket at the cost of the petitioner if necessary to keep the situation under control and to prevent commission of any cognizable offence.

Sd/ - A. K. Gupta, Executive Magistrate, 11th Court, Calcutta."

7. On 6th January, 1994 the learned Trial Judge passed an order inter alia appointing two learned Advocates of this Court as Special Officers to take possession of all documents, papers, books, records, registers including the shares, stock, debentures, dividend, interest, fixed deposit receipts belonging to Respondents Nos. 9, 10, 11 and 12 in this Appeal and to hand over those documents to the said Respondents. At the time of such removal of documents the Joint Secretary of the registered Union was also allowed to be present. The learned Trial Judge was also pleased to direct police assistance to be given to the Special Officers and further restrained the members o£ the appellant from causing any interference in the work of the Special Officer