Mousumi Roy vs State Of West Bengal & Ors

Protik Prakash Banerjee, J

Mr. Ahmed, learned counsel appearing for the petitioner submits that during the pendency of the writ petition the respondent Distribution Company has carried on with its illegal activities without authority of law.

Mr. Basu, appearing for the Distribution Licensee disputes it and submits that whatever was done by his client was done in the municipal pathway and did not involve felling of trees but only installation of poles on municipal pathway.

Mr. Ahmed has produced before me a copy of W.P. 11870(W) of 2018. Let the records of W.P. 11870(W) of 2018 be called for and tagged with the present file.

Paragraph 1 of the said other writ petition {W.P. 11870(W) of 2018} avers about plots of land on which the alleged illegality has been committed. For the sake of convenience, it is set out hereinbelow:-

"Petitioner state that she is one of the co-owners of the plot no. 327, 404, 406,407,408 and 409 of Block-Baduria, J.L. 98, Mouza-Khorgachi along with others namely, Chaya Roy, and Asit Roy. The respondent Municipality is trying to cutting down the trees of her Garden allegedly for removal of obstruction on road which is actually garden of your petitioner. The Garden is more than a hundred years old. Copy of the record of rights of the land in question is annexed hereto and marked as Annexure P1."

Mr. De, learned advocate appearing for the State submits that that in four writ petitions the same paragraph has been copied and pasted. Annexure P/1 to this application does not refer to any bata plot.

However, what Mr. Basu, learned counsel appearing for the Distribution Licensee has tried to show is an extract from the records of rights which shows that plot No. 407/855 in the said Mouza Khorgachi is a municipal road and allegedly his client is installing poles thereon. Let a certified copy of the said records as also the order dated July 13, 2018 passed on W.P. 11870(W) of 2018 handed up today be kept on record. The said order dated July 13, 2018 clearly indicates that the petitioner has stated that she has no objection if branches are cut so long as the said branches offend the road on plot No. 407/855. However, even in that writ petition there is no mention of plot No. 407/855.

Accordingly, I think that ends of justice shall be sub-served if I allow the petitioner to file supplementary affidavit bringing on record all that she wants to show has occurred during the pendency of 2017 writ petition including any other connected writ petition and why a submission has been made in Court on July 13, 2018 about a plot unconnected with the case of the petitioner.

Certified copy of the relevant extract of the records of rights shall be kept on record for perusing with the supplementary affidavit.

Though this is a hearing matter and normally no interim order is passed, during the course of hearing the electronic mail dated August 10, 2019 at 11.12 a.m. relied upon by Mr. Ahmed, which he received from his client Ms. Mousumi Roy, shows alarming developments even during the pendency of this case. It is alleged therein that more than 100 people including local people and some Bangladeshi infiltrators are destroying the property and attacking the house as well as the 65 year old mother and uncle of the petitioner. The exact allegation as made out to the officer in charge with electronic mail is as follows:-

"I am Mousumi Roy. My parental house is in Khorgachi, ward no 14 of Baduria Municipality and under your jurisdiction. It was a very peaceful village, where we are living more than 200 years. Since last 3 years we are facing many problems as we have some landed properties. Under the leadership of one Mr. Anisuddin (who is also the husband of present councilor of 14 no ward), some local people and some bangladeshi infiltrators are destroying our property, peace of mind and dignity of our life. Several times they have attacked our house as well as physically heckled my 65 years old mother and Uncle. Many social, political, administrative and police complaints have been lodged at different times. Now, some unresolved questions are under trial in the Calcutta High Court."

In such view of the matter, where clearly the life and property of a senior citizen is at risk and there is an allegation of political interference by a member of a political party in power along with Bangaladeshi infiltrators I believe that the ends of justice demand that some protection be given to the petitioner and the property in question.

Till the disposal of the writ petition police pickets shall be placed and sufficient number of armed police shall be posted to ensure that no one enters the property or carries on any work thereto without express permission in writing by either the writ petitioner and/or her mother and/or her uncle. For the time being no work shall be carried on by the Distribution Licensee even in respect of what it says is situated on the Municipal road without the leave of the Court so that some light has been shed on the situation before deciding whether or not any work is being carried on the land of the petitioner or the municipal road. The officer in charge of the local police station as also the concerned Superintendent of Police of the district shall render all cooperation to the petitioner. An account shall be kept for the costs to be incurred for police protection in respect of which appropriate orders shall be made at the time of disposal of the writ petition. At present police pickets must be afforded to the petitioner without payment of costs right now.

The supplementary affidavit as aforesaid shall be affirmed on or before August 26, 2019 and copy of the same shall be served on the Distribution Licensee in the meantime. The Distribution Licensee shall be at liberty to file a counter/ rejoinder thereto within a period of further one week from date.

It has been submitted by Mr. Basu, learned counsel appearing for the Distribution Licensee that the private respondent has no electric connection for last 3/4 years. It will be open to the Distribution Licensee to supply electricity to the private respondent from a pole which is according to the learned counsel for the petitioner, 1 ft. away from his residence without drawing any electricity from the overhead connection of any of the poles alleged to have been installed on the municipal road at plot No. 407/855 which the petitioner alleges is situated on her own land. The writ petitioner will not obstruct the supply of electricity from the pole which is 1 ft. away from the residence of the private respondent.

The matter shall appear in the supplementary list on September 3, 2019 under the heading 'To be Mentioned' even though it shall be taken up for hearing on that date.

Directions given are peremptory.

Let photostat plain copy of the order duly countersigned by the Assistant Registrar (Court) be given to the parties on usual undertaking.