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may 2006

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.

HOWRAH MILLS CO. LTD. vs MD. SHAMIN . · Niyam