Partha Sarathi Ray v. Sajal Halder

OD-3 ORDER SHEET CC No.113 of 2024 WPO No.1878 of 2023

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction [Contempt] ORIGINAL SIDE DR. PARTHA SARATHI RAY -Versus- SAJAL HALDER

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 27th January, 2025.

Appearance:

Mr. Saurabh Guha Thakurta, Adv.

Mr. Abhratanu Sarkar, Adv.

...for the petitioner.

Mr. Alak Kr. Ghosh, Adv, Mr. Arijit Dey, Adv.

...for the alleged contemnor.

1.

Learned advocate for the petitioner alleges that the direction passed by the Court for providing an opportunity of hearing to the petitioner after conducting spot inspection has not been complied with. It has, however, been admitted that a spot inspection was conducted. Inspection report forwarded to the petitioner is annexed to the contempt application.

2.

Learned advocate for the petitioner has produced photograph to show the distance of the public urinal from his premises. As per the inspection report, distance between the two structures is 8 ft. 4 inches. The petitioner submits that the distance is less than that. 3.

According to the Corporation, the structure was built 20 years back on public demand. The same is being cleaned regularly so that the place remains clean and hygienic.

4.

The petitioner submits that the urinal was not used for a long time. It has been put to use very recently. The same is not cleaned on regular basis.

5.

As it appears that the urinal has been constructed for public convenience and is in existence for nearly twenty years, accordingly, the Corporation is directed to regularly clean the urinal at least twice a day so that the same remains hygienic and free from any foul smell. The public convenience should not cause any inconvenience to the members of the locality.

6.

The contempt application stands disposed of.

7.

Report filed by the Executive Engineer (Civil)/Borough-II in Court today be retained with the records.

8.

Affidavit of service filed in Court today is also taken on record. 9.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm