Munsura Begum v. The Uluberia Municipality And ORS

04.11.2024 Sl. No.A 21 Ct. No.15 S.A.

WPA 1177 of 2024 Munsura Begum -vsThe Uluberia Municipality & Ors.

Mr. Debabrata Sardar ...for the petitioner Mr. Gobinda Chandra Bandyopadhyay ...for Uluberia Municipality Mr. Rameshwar Sinha Mr. F. Rahman Molla Ms. Sahana Akhtar ...for respondent no.9 It appears that the petitioner and Respondent No. 9 are co-sharers of the relevant premises. The petitioner asserts that, in violation of a status quo order issued in Title Suit No. 14 of 2023, Uluberia Municipality has provided a water connection to the portion of the premises occupied by Respondent No.

9. The petitioner contends that this water connection has been established through a pipeline that runs through part of the premises under her possession. The learned counsel for Respondent No. 9, however, argues that the petitioner's possession has not been disturbed and that the water connection has been made via an underground line.

The Municipality claims to be unaware of the status quo order issued by the Civil Court.

I am disinclined to interfere in this matter, as the provision of water is an essential service necessary

for human habitation. The water connection in question has been installed underground without disrupting the physical possession of the petitioner. However, I wish to clarify that the water connection shall not confer any equitable rights in favor of Respondent No. 9 and shall not affect the outcome of Title Suit No. 14 of 2023 in any manner. With the aforesaid clarification, WPA 1177 of 2024 is disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)