Mansura Bibi v. Champak Kr. Panja

AD-07 Ct No.10 03.09.2025 TN CPAN 990 of 2022 in WPA 10773 of 2022 Mansura Bibi Vs.

Sri Champak Kumar Panja Mr. Indranil Halder ....for the petitioner Mr. Debanjan Mukherji ....for the alleged contemnor

1. Learned counsel for the petitioner submits that due to illness of the petitioner, the affidavit-in-reply could not be prepared. However, learned counsel for the petitioner contends further that the contempt application may be disposed of by directing the electricity connection to be given to the petitioner at premises No. 68, Thakurpukur Road, Kolkata - 700 063.

2. Learned counsel appearing for the respondent/alleged contemnor submits, by placing reliance on the affidavit-in-opposition filed by the alleged contemnor, that despite repeated attempts, the connection could not be given due to resistance.

3. Learned counsel for the petitioner also relies on a communication dated September 07, 2022 annexed at page-16 of the contempt application wherefrom it

transpires that upon the petitioner making an application, the CESC Limited raised a bill, the amount of which was deposited by the petitioner.

4. Learned counsel for the alleged contemnor flags an impediment to the effect that due to the parent order not containing specifically any direction for police help, the resistance offered by third parties at the site could not be overcome.

5. However, this court is of the view that there cannot be any impediment in that regard, since it is the bounden duty of the police authorities to ensure that an order of this Court is complied with. Hence, the liberty of the CESC Limited to approach the local police station for adequate police assistance at the cost of the petitioner, in the event any obstruction is faced in giving such connection in terms of the application of the petitioner, should be automatically read into the parent order dated June 21, 2022 passed in WPA No. 10773 of 2022.

6. In any event, from the circumstances of the case, this Court does not find any deliberate and contumacious violation of the order of this Court on the part of the CESC Limited.

7. Accordingly, CPAN 990 of 2022 is dismissed with the observation that it will be open to the CESC Limited personnel to approach the local police station for

adequate police assistance for the purpose of implementation of the order of this Court dated June 21, 2022 for giving electricity connection to the petitioner in terms of the petitioner's application at the concerned premises. If so approached, the local police station shall grant police assistance in that regard at the cost of the petitioner.

8. If necessary, the police personnel will be at liberty to break open any padlock or other hindrance to get access to the place where the meter is to be installed for giving such connection.

9. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.)