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William   04 February 2020

Officer in charge disobeying civil court order

I am one of the plaintiff of one title suite which is pending since 1998...The landlord had disconnected the water supply to my flat from the overhead reservoir..an application under sec 151 cpc was file in the year 2012 for the restoration of the water supply...finally on march 2018 order was passed by the Ld civil judge directing the plaintiff to restore the water line at his own cost into the suite flat.. the respondent appealed in the High court against the civil judge's order stating facts that the order passed by the civil judge was bad in law...the respondent's appeal was dismissed and the high court stated that on no grounds water can be denied and also stated that the civil judge's order cannot be defaulted on any other grounds also...then still i was obstructed unlawfully to restore the water line into my flat for which i moved a petition praying for police assistance from the civil judge...order was passed and The OC of the concerned ps was directed to provide full police assistance to the plaintiff and to carry out the order of the court..i had then gone to the topsia police station and prayed for police assistance and handed over the all copies of the concerned orders but the officer in charge told me that he doesn't pay any heed to civil court direction and has also questioning me as to whether im paying rent or not and y m i contesting the matter...he lastly suggested me to compromise the proceedings and start paying rent to the purported landlady (actual landlord has passed away in the year 2006) otherwise i will not get water inside my flat and also told me to throw the courts order in the dustbin as if of no use as the order is passed by the 2nd civil judge of junior division...kindly help with advice...


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 2 Replies

Advocate Suneel Moudgil (Advocate)     05 February 2020

1. make a written request to the police,

2. upon their providing no assistance, file contempt of court

Munish Cop   05 February 2020

First, taking the time of filing initial/first complaint to OC/P.Stn into consideration, file another complaint to him if not longer that you filed previous complaint, then the prompt action may be requested on the same complaint throught another complaint to senior Police officers including Supervisory officer/SP of the district detailing the allegations. Make sure the drafting has been done through an experienced law proffessional.

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