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2009 DIGILAW 334 (CAL)

Balaram Basak v. K. M. C.

2009-04-27

TAPEN SEN

body2009
Judgment 1. Mr. Fazlul Haque, learned Counsel appearing for the State respondents, States that action has already been initiated after making an enquiry into the complainants lodged by the petitioners. He requests the Kolkata Municipal Corporation to assist. 2. Ms. Nandini Mitra, learned Counsel appearing for the Kolkata Municipal Corporation, states that she will instruct her clients to render assistance to the State Authorities. 3. In view of the aforementioned statements, no useful purpose will be served by keeping this matter pending save and except to observe that the State Authorities will now proceed to take firm action against the alleged offenders in accordance with law. 4. The writ petition is accordingly disposed of. W. P. No. 3607 (W) of 2009 Re: C.PAN. No. 742 of 2009 July 2, 2009 1. This is a contempt application praying for initiation of a contempt proceeding against the alleged contemnors/opposite parties for allegedly violating the order dated 27th April, 2009. Upon a perusal of the said order it is evident that Mr. Fazlul Haque who was appearing for the State-respondents had stated that action had already been initiated and had requested the Kolkata Municipal Corporation to assist and upon such statement, Ms. Nandini Mitra had stated that she would instruct her client (Kolkata Municipal Corporation) to render assistance to the State authorities. It was in the background that the writ petition was disposed of with an observation that the State authorities will proceed to take firm action against the alleged offenders in accordance with law. The grievance is now made that although the order was communicated to the Commissioner, Kolkata Municipal Corporation and the Officer-in-Charge. Phulbagan Police Station as well as to the Commissioner of Police. Kolkata on 15th May, 2009 and 22nd May, 2009, no action has been taken. 2. In the background of the aforementioned statements made in this petition, let a rule be issued against the Officer-in-Charge, Phulbagan Police Station for the present. Rule is made returnable on 16th July, 2009. 3. In the meantime let notice of this contempt application be also served upon Mr. 2. In the background of the aforementioned statements made in this petition, let a rule be issued against the Officer-in-Charge, Phulbagan Police Station for the present. Rule is made returnable on 16th July, 2009. 3. In the meantime let notice of this contempt application be also served upon Mr. Gautam Mohan Chakraborty Commissioner of Police Kolkata to explain as to why and under what circumstances his subordinate, being the Officer-in-Charge, Phulbagan Police Station has not taken any action as against the offenders, who are said to have set up a stall illegally on the footpath thereby blocking the ingress and egress of the petitioners as well as blocking the window of the ground floor and are allegedly running the stall forcibly and by dint of sheer muscle power. The Commissioner of Police, Kolkata shall immediately send his instructions to the learned Government Pleader, who will appoint a responsible Government Counsel to assist the Court on the aforementioned date i.e. 16th July, 2009. 4. A copy of this order shall also be served upon the learned Government Pleader so that he is able to communicate the same to the Commissioner of Police, Kolkata also. 5. Let a plain photocopy of this order duly countersigned by the Assistam Registrar (Court), be given to the learned Advocate for the petitioner on usual undertaking. W.P.C.R.C. No. 175 (W) of 2009 July 16, 2009 1. When this case was called out the Officer-in-Charge, Phulbagan Police Station appeared and stated that the stall has been removed. However, learned Counsel for the petitioners complains that as soon as the stall was removed, the persons who were responsible have now started blocking the petitioners' ingress and egress. Since the learned Counsel for the petitioners however does not dispute that the temporary stall which was set up has now been removed the contempt application has therefore become infructuous. 2. It is accordingly dropped and the rule discharged. 3. However, while passing this order this Court makes an observation that the Officer-in-Charge, Phulbagan Police Station will ensure that such activities are not repeated in future. 4. The personal appearance is dispensed with.