Ashok Kumar Agarwal v. Shri Mahila Griha Udyog Lijjat

OD-1 ORDER SHEET CC/46/2024

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction(contempt) ORIGINAL SIDE ASHOK KUMAR AGARWAL -VS SHRI MAHILA GRIHA UDYOG LIJJAT

BEFORE:

The Hon'ble JUSTICE JAY SENGUPTA Date : August 7, 2024.

Appearance:

Ms. A. Manot, Adv.; Ms. S. Das, Adv.,...for the petitioner. Ms. P. Singh, Adv.; Mr. P. Sinha, Adv., for State. The Court: Affidavit-of-service filed on behalf of the petitioner is taken on record.

Learned counsel for the petitioner submits as follows. The petitioner was a tenant at the premises purportedly belonging to one R.G. Bansal. By an order dated 13.12.2022, passed by a co-ordinate Bench of this Court in WPO/164/2021, the CESC Ltd. was directed to give electricity connection to the petitioner at the premises to the existing meter board. As the said order

was initially not complied with, a contempt application was filed. Afterwards, the order was complied with and the CESC Ltd. provided electricity connection to the petitioner's meter board. However, the said R.G. Bansal was preventing the petitioner from having a line connected from the meter board to the petitioner's portion of the premises. Accordingly the petitioner again approached this Court. By an order dated 17.10.2023, passed by this Court in WPO/1600/2023, the said R.G. Bansal was directed to facilitate such act of the petitioner in bringing the line from the electricity meter provided by the CESC Ltd. to the petitioner's portion of the premises. The police authorities were asked to assist the petitioner. Thereafter, the petitioner found that electric meter was in a burnt condition. On January 2, 2024 a new meter was installed at the petitioner's premises. But, the electricity line could not be connected thereto as the alleged contemner now started causing hindrance to the said process.

Learned counsel appearing for the State submits that the police authorities have complied with the order as required. It appears that at the time when the matter was moved before this Court, it was not the submission of the petitioner that the electricity meter had got burnt. This is a subsequent fact which the petitioner claims to have faced. In fact, upon his request, the electricity authorities replaced the said meter. At the time of connecting the electricity line to the said new meter, the alleged contemner is supposed to have caused hindrance.

As new facts have unfolded, that too in respect of other entities who need to be heard, no further order is passed in this contempt application. The contempt application is accordingly disposed of with liberty granted to the petitioner to move a fresh writ petition ventilating his grievances in this regard. Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (JAY SENGUPTA, J.) tk