Dilip Jana And ANR v. Rituparna Moulick And ANR

2nd September, (AK) 22-23 CPAN 298 of 2022 with W.P.A 21064 of 2021 Dilip Jana and another Vs.

Rituparna Moilick and another Mr. Somnath Ghosal Mr. Satyajit Sengupta ...for the petitioners.

Mr. Sujit Sankar Koley Ms. Suvasree Ghose ...for the WBSEDCL.

Learned counsel for the petitioners files the petitioners' affidavit-in-reply, which is kept on record. It transpires from the submission of the parties that the direction passed in the order dated February 7, 2022 in WPA 21064 of 2021 has been complied with by the alleged contemnors by giving a new electricity connection to the private respondent no.5 in the writ petition as per the said private respondent's application irrespective of any 'Way Leave Certificate' being given by the writ petitioners.

Such connection was to be given by the WBSEDCL at the earliest upon compliance of formalities by private respondent no.5, which has been done.

Learned counsel appearing for the petitioners in the contempt application submits that such connection has

been given over the petitioners' house, thereby causing detriment to the petitioner's safety.

Such contention is controverted on instruction by learned counsel appearing for the alleged contemnors. Be that as it may, even if the present applicant is aggrieved in any manner by the said subsequent action of the WBSEDCL, the same furnishes a fresh cause of action for the present applicant to prefer a challenge before the appropriate forum.

However, inasmuch as the contempt application is concerned, in view of compliance, further pendency of the same is deemed unnecessary.

Accordingly, CPAN 298 of 2022 is disposed of as infructuous.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)