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Judgment
Rajasekhar Mantha, J
The order dated April 5, 2019 is yet to be complied with pursuant to the order of this Court dated August 7, 2019, the Officer-in-Charge, Gopalnagar Police Station is finally present in Court. It is submitted that notice of the earlier order asking him to be present in Court was received on August 8, 2019.
It is submitted that for the purpose of compliance with the order dated April 5, 2019, the police force of about 85 odd police personnel was present at the site. They, however, could not assist in the compliance with the order, in view of the mob present at the said area.
However, the learned counsel appearing for the petitioner submits that while it is true that about 85 police personnel had come to the spot to assist WBSEDCL, the police personnel left immediately after being prompted by the local Panchayat Pradhan. The local persons who had assembled and resisted carrying out of the said order contumaciously, are also represented before this Court and submitted that an appeal being no. MAT 1166 of 2019 has been filed yesterday against the order dated April 5, 2019. No stay has been granted as yet.
This Court is of the clear view that the police force has not discharged their duties as directed in the order dated April 5, 2019. Lame excuses cannot cover up contumacious conduct of this nature.
As a consequence of the resistance, the WBSEDCL has lodged a complaint and the Gopalnagar Police Station has initiated an independent case against the members of the mob.
In those circumstances, the Officer-in-Charge, Gopalnagar Police Station, who is present in Court, is directed to carry out the aforesaid order within 72 hours.
This is one last chance given to the Officer-in-Charge, Gopalnagar Police Station failing which suitable measures shall be initiated against him.
Since, admittedly the mob and persons who led the mob are represented in Court, let them be added as a party respondent alleged contemnors to the instant proceedings. They shall file an affidavit on the next day as to why they should not be suitably dealt with under the Contempt of Court's Act for interfering with the compliance of an order passed by this Court.
Let this matter stand adjourned and be listed on Tuesday (20.8.2019) when a report shall be filed by the Officer-in-Charge, Gopalnagar Police Station as to the compliance of the aforesaid order.
It is clarified that the police shall take all and every steps that are necessary to ensure compliance with the order dated April 5, 2019.
Leave is granted to amend the cause title to implead both the persons who led the mob in question as also the new incumbent to the post of Officer-in-Charge, Gopalnagar Police Station.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.