Tapan Das v. State Of West Bengal And ORS.

08.09.2022.

Court No.13 Item No. 73 ap W.P.A. No. 16990 of 2022 Tapan Das

Versus

The State of West Bengal & Ors.

Mr. Bijoy Adhikary, Ms. Susmita Adhikary.

...For the petitioner.

Mr. Shibendra Nath Chattopadhyay.

...For the respondent no.4.

The petitioner had approached a Co-ordinate Bench of this Court by W.P.A. No. 10460 of 2022 seeking certain reliefs for enjoyment of electricity against the licensee and the private respondent. Having recorded that the licensee has allowed electricity to the petitioner, a Co-ordinate Bench was held "that it is beyond the scope of this Court, at this juncture, to pass any further direction on the CESC Limited and/or consequentially on the policeauthorities to provide assistance to the CESC personnel".

It is abundantly clear from the said order dated 22nd June, 2022 that liberty was reserved to the petitioner to approach the Civil Court or appropriate forum against the private respondent.

This Court is of the clear view that the instant writ petition is barred by res judicata. Hence, no relief can be granted to the writ petitioner in this writ petition.

In view of the above, the instant writ petition shall stand disposed of without any order.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)