Supreme Court of India · 2006-05-12
HOWRAH MILLS CO. LTD. vs MD. SHAMIN .
- Citation / case number
- SC 2004/22459
- Court
- Supreme Court of India
- Petitioner
- HOWRAH MILLS CO. LTD.
- Respondent
- MD. SHAMIN .
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court held that the High Court's jurisdiction under Article 226 of the Constitution of India can be invoked to issue a writ of mandamus for police protection of property, especially when there is a prima facie failure of police duty to protect the property from unauthorized interference. The Court emphasized that the need for protection is paramount, particularly when the property is involved in a reconstruction process approved by the BIFR. The Court reinstated the interim order of protection granted by the Single Judge, highlighting the importance of safeguarding the property during the ongoing sale process.