Order No. 5 Date : 24.5.2017.
This date was fixed for passing order on the non maintainability petition filed by the O.P. nos. 2, 3 & 4 praying for dismissing the CC no. 53 of 2017 because this petitioner / O.Ps. filed Writ Petition before the Hon’ble High Court at Calcutta for restraining the illegal intention of the present petitioner of this case as the same was hazardous to public safety and the matter has been pending before the Hon’ble Justice I.P. Mukherjee for hearing.
The petitioner of the present case, Sraban Kumar Das, appearing in the case before the High Court and filed his reply in the Writ Petition which was filed on the self same ground and so this case is not maintainable before this Forum.
The petitioner of the CC 53 of 2017 Sraban Kumar Das contested the non maintainability petition stating that
he wants electricity in his property through passage measuring 4’ and this O.P. illegally obstructing the service provider, WBSEDCL. As the petitioner has every right to get electricity so such a non maintainability petition be dismissed and the Forum to proceed with the case as the O.Ps. also have not filed the written version.
This Forum heard the ld. counsel of both sides and keeping in mind the contents of the non maintainability petition and also the contents of the main petition of CC 53 of 2017 finds that when over the self same matter Writ petition no. 3318 (W) of 2015 has been pending before the Hon’ble High Court Calcutta so it would not be wise for this Forum to hear the matter again to avoid multiplicity of proceeding as there is chance of conflict of decision also. Further the case before the Hon’ble Court was filed long back in 2015 and this case CC 53 of 2017 was filed in 2017 and so this Forum though it wise not to entertain this case which cannot be maintainable before this Forum.
Hence,
Ordered
That the non maintainability petition filed by the O.Ps. is allowed on contest.
In view of above the CC no. 53 of 2017 is also dismissed.
