DIBYENDU BHUSAN DUTTA, J. - (1.) THE instant Criminal Misc. Case arises out of an application filed under Contempt of Courts Act, 1971 by the petitioners of Criminal Revision No. 14 of 1991 of this Court.
(2.) THE said criminal revision arose out of an application filed by the petitioners under sections 401 and 482 of the Code of Criminal Procedure challenging the legality of the two orders passed by the Executive Magistrate, Barrackpore, on 12.11.90 and 10. 12.90 in M.P. Case No. 2756 of 1990 and praying for quashing of the said two impugned orders and also for staying the operation thereof.
(3.) THE aforesaid M.P. Case No. 2756 of 1990 arose out of an application filed under sections 144/133 Cr. P.C. on 12.11.90 by seven persons namely Bikash Shaw, Kishori Chowdhury, Ganga Shaw, Bishu Chowdhury, Sankar Chowdhury, Biswanath Kurmi and Durga Chowdhury as First Party against the petitioners of both the criminal revisions and the contempt application (hereinafter referred to as the petitioners) on the allegations which, in substance, may be stated as follows. The first party members are monthly tenants under the petitioner No. 1 of the said M.P. Case in respect of ten rooms of the holding No. 16, B.L. No. 25 of Bhatpara Municipality for a long time. A service privy within the tenanted premises was used and enjoyed by all the tenants commonly since the inception of the tenancy. The petitioners procured the consent of the first party members to the demolition of the said service privy on the assurance that they would construct a sanitary privy in its place under CMDA scheme but, after demolishing the service privy, about a month before the filing of the M.P. Case No. 2756 of 1990, declined to construct a sanitary privy in its place as a result of which the first party members have been experiencing untold difficulties for want of any privy within the tenanted premises. The petitioners are neither constructing the sanitary privy nor cleaning the drain inside the holding as a result of which the first party members are exposed to nuisance. The first party members made written representations to the Chairman, Bhatpara Municipality on 6.11.90 and 9.11.90 for immediate intervention but to no effect. The petitioners are actually determined to dispossess the first party members from the tenanted premises forcibly and illegally. Accordingly, the first party members by filing the application under sections 144/133 Cr.P.C. prayed for a direction upon the petitioners to undertake the construction of the sanitary privy under the CMDA Scheme and also for a direction upon the Chairman, Bhatpara Municipality to take immediate steps for construction of the sanitary privy. The Ld. Executive Magistrate, by order dated 12.11.90, directed the O.C., Jagaddal P.S. to inquire and report on 10.12.90 and directed the Chairman Bhatpara Municipality to construct the sanitary privy as per CMDA Scheme. On 7.12.90, the then Chairman of the Bhatpara Municipality addressed a letter to the Ld. Executive Magistrate stating that in compliance with the order dated 12.11.90, the municipality had already taken up the matter with the contractor for construction of the sanitary privy within the concerned holding. On 10.12.90, the next date for the aforesaid M.P. Case, the said report of the Chairman Bhatpara Municipality was placed before the Magistrate but the police report was not yet submitted and the Ld. Magistrate by order dated 10. 12.90 issued tagid for the police report and fixed 18.1.91 for the same and also for consideration of the report of the Bhatpara Municipality.;