Disposed¶17

Joyita Bhowmick (Dutta) v. State of West Bengal and Ors.

Calcutta HC20 Feb 2025WPA/439/2024

Case brief

AI extract

What is this about?

police assistance; restoration of water connection; restoration of electricity connection; Article 226 of the Constitution of India; Civil Court in seisin; parallel civil proceedings; writ court will not direct police authorities; alternative remedy; statutory appellate Court; Revisional Court; essential supplies; T.S. 31/2016; order dated 30.08.2023; W.P.A. 439 of 2024; Joyita Bhowmick (Dutta); The State of West Bengal & Ors.; Tirthankar Ghosh, J.; disposed of; decision dated 20.02.2025.

What did the court decide?

No substantive relief; the writ petition was disposed of with liberty to the petitioner to pursue remedies before the statutory appellate/Revisional Court and to file an appropriate application before the concerned authorities. ¶17

Joyita Bhowmick (Dutta) Vs State of West Bengal… — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ court, in exercise of jurisdiction under Article 226 of the Constitution of India, should direct police authorities to provide assistance for restoration of water and electricity connections when the Civil Court is already in seisin of the issues relating to those connections.

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Court's answer

Where the Civil Court is already in seisin of the issues relating to electricity and water connection, the writ court will not, under Article 226 of the Constitution of India, direct the police authorities.

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Ratio / Principle

The petitioner would be at liberty to approach the statutory appellate Court or Revisional Court for remedies available under the law.

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Key takeaways

Since the subject matter relates to essential supplies, the concerned authorities would consider the same if an appropriate application is filed under the relevant provision before them.ratio¶16

Detailed headnote1 paragraphs

Writ petition (W.P.A. 439 of 2024, decided 20.02.2025) by Joyita Bhowmick (Dutta) against The State of West Bengal & Ors., complaining of non-supply of police assistance for restoration of water and electricity connections despite directions passed by the Civil Court. On the State's report that in T.S. 31/2016 the Civil Court, by order dated 30.08.2023, had refused to render any police assistance for restoration of electricity connection and had dismissed the petitioner's application, the Court held that in view of the Civil Court already being in seisin of the issues relating to electricity and water connection, it would not, under Article 226 of the Constitution of India, direct the police authorities. The petitioner was given liberty to approach the statutory appellate Court or Revisional Court for remedies available under the law; and, since the subject matter relates to essential supplies, the concerned authorities were to consider an appropriate application filed under the relevant provision. Petition disposed of. (Tirthankar Ghosh, J.)

Joyita Bhowmick (Dutta) v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Joyita Bhowmick (Dutta) v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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