High CourtsSingle Bench(2020) 06 CAL CK 0012

Aparna Basu vs Somdeb Banerjee & Anr

Calcutta High Court · Decided on 2 June 2020

HON’BLE JUDGES
Debangsu Basak, J
CASE NUMBER
Contempt Application (CPAN) No. 326 Of 2020 In Writ Petitions (WP) No. 5352 Of 2020

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Judgment

9 paragraphs · 349 words

Debangsu Basak, J

The petitioner complains of violation of the order dated April 24, 2020 passed in the writ petition.

By such order, the Officer-in-Charge of the concerned police station was directed to ensure that, the water supply to the ground floor of the premises at which the petitioner is residing is not disrupted by the private respondent or by any other person. The petitioner complains that, despite the petitioner providing men and materials for the purpose t resumption of the water supply, the police authorities did not render adequate assistance.

Learned senior standing counsel for the State submits on instruction that, the police visited the locale when the plumber of the petitioner was present. On inspection the plumber of the petitioner informed that the stop cock as well as the water pipelines are to be replaced. The petitioner did not provide such materials. Learned senior standing counsel for the State also submits that, the private respondents resisted the police authorities when the police went to implement the order of the High Court.

The contention of the State that the petitioner did not provide the materials is disputed by the petitioner.

Be that as it may, in my view, interest of justice would be subserved by directing the Officer-in-Charge of the concerned police station to ensure that no breach of peace takes place at the locale when the petitioner deploys men and materials at the locale to obtain water supply to the ground floor of the premises. It is clarified that the petitioner is at liberty to take appropriate steps to ensure that, water supply reaches the ground floor. If need be the petitioner is at liberty to replace the stop cock and the water pipe lines and any other material at his own cost.

List the contempt petition immediately on the resumption of the normal functioning of the Court.

Learned advocate appearing for the petitioner will comply with all requisite formalities including payment of appropriate court fees immediately upon the High Court permitting the same.

Parties are directed to act upon the web generated copy of this order.