Pinku Paswan v. Sachin Das

D/L.17.

September 13, 2024.

MNS.

CPAN No. 1189 of 2024 in WPA No. 18460 of 2023 Pinku Paswan Vs.

Sachin Das Mr. Lalmohan Hajra, Mr. Somesh Panja, Mrs. Anuradha Hajra, Mrs. Moutushi Hazra ... for the petitioner.

Mr. Debjit Mukherjee ...for the alleged contemnor.

1. Affidavit-of-service filed in Court today be kept with the record.

2. The present application for contempt is filed for non-compliance of the order of this Court dated April 30, 2024 passed in WPA No. 18460 of 2023.

3. By the said order, the CESC Limited was directed to hold an inspection in the premises-in-question and thereafter to give electricity connection to the petitioner from the existing meter board position at the earliest, subject to compliance of formalities.

4. In the event any obstruction was faced, the CESC Limited authorities were at liberty to approach the Officer-in-

Charge of the Bantra Police Station for adequate police assistance.

5. As per the allegations made in the contempt application, particularly in paragraph 11 of the same, after the electricity connection was given pursuant to the order of this court by the CESC Limited, albeit with police help, a padlock was put on the meter box and also the electricity connection so given to the petitioner was disconnected by the alleged contemnor, who was the private respondent in the writ petition.

6. As the order of this Court was complied with by the authorities, which is an admitted position since electricity connection was actually given to the petitioner as per direction of this court, no contempt lies. If the petitioner has a legitimate grievance against the alleged contemnor/private respondent no. 3 in the writ petition, it is always open for the petitioner to approach the appropriate civil/criminal forum and/or court for proper remedy in that regard.

However, the alleged disconnection and affixation of padlock is a

subsequent cause of action and the contempt jurisdiction cannot be invoked, since the order under contempt has already spent its force by connection being given to the petitioner.

7. Accordingly, in the light of the above observations and granting liberty to the petitioner to approach the appropriate forum / court, CPAN No. 1189 of 2024 is dismissed.

8. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.)