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Judgment
The instant intra-court appeal arises from the order dated 20.01.2014 passed by the learned Single Judge in W.P.No. 34669 of 2012.
The first respondent made a representation to the Commissioner of Police on 18.12.2012, making allegations against the appellant. It appears that no action was taken. Thus, the first respondent was constrained to file a writ petition seeking a direction to the third respondent to consider the said representation of the first respondent and to provide police protection accordingly.
The writ court, after hearing the writ petitioner, second and third respondents herein, directed the third respondent to dispose of the said representation / complaint of the first respondent after making necessary due enquiries with the concerned and to proceed further in the manner known to law, within a period of six weeks from the date of receipt of a copy of the order. It was further directed that on enquiry if it is found that the first respondent / writ petitioner requires police protection, the same may also be provided accordingly.
Being aggrieved, the third respondent therein preferred the instant writ appeal. On perusal of the order, it appears that the appellant had not chosen to appear in the writ court. We have examined the facts of the case and also considered the submissions advanced by the learned counsel for the appellant.
Apparently, there is some dispute between the parties in respect of the tenancy. The dispute is of civil nature which cannot be examined by the police. However, if either party is taking law into their hands by resorting to criminal activity, the police has to look into the matter and take appropriate action in accordance with law. The learned Single Judge has directed accordingly. In view of that, we do not find any infirmity, irregularity or illegality in the order of the writ court sought to be impugned in this appeal. However, we make it clear that both parties must be afforded proper opportunity to put forward their cases respectively in the course of decision taking as well as action taken thereon, if any, by the police authorities.
With the afore-stated observations, we dismiss the writ appeal. Consequently connected miscellaneous petition is closed.