Dipali Mandal And ORS. v. State Of West Bengal And ORS.

SL. 1 18.02.2026 Court No.19 BP WPA 2068 of 2026 Dipali Mandal & Ors.

-versus- The State of West Bengal and others Mr. Avinash Mukherjee Mr. Sanatan Manna ..for the petitioner Mr. Ayan Banerjee Ms. Sharmila Deb ..for the State Affidavit of service filed in Court today is taken on record.

The petitioners claim to be the recorded owner of Dag Nos. 1152, 1152/1795 and 449 within Mouza Boga under Khejuri Police Station in the District of Purba Medinipur. The petitioners state that there is no public road, pathway or right of way passing through or over the land of the petitioners. The petitioners states that there is no alternative access or passage on the eastern side for movement or travel. The petitioners further state that there is no alternative drainage system or outlet available for drainage of public water of the said Mouza save and except through the existing irrigation channel situated on the northern side. The petitioners claim that they are desirous to utilize the Government irrigation canal strictly for lawful drainage and sewerage purpose and for such purpose the petitioners submitted a representation before the Executive Engineer, Contai Irrigation Division

requesting the authority to consider their prayer allowing them to utilize the Government irrigation canal for drainage/sewerage purpose.

Mr. Mukherjee, learned advocate appearing for the petitioners submits that in spite of receipt of the representation dated 6th November, 2025 no decision on such representation has been communicated to the petitioners till date.

Mr. Banerjee, learned advocate appearing for the State submits that decision on the said representation shall be communicated to the petitioners within the time limit that may be specified by this Court.

In the light of the submissions made by the learned advocates for the respective parties and without entering into the merits of the claim made by the petitioners in the representation dated 6th November, 2025, WPA 2068 of 2026 stands disposed of by directing the Executive Engineer, Contai Irrigation Division (Irrigation and Waterways Department), Purba Medinipur being the 3rd respondent to consider the representation of the petitioners dated 6th November, 2025 and to dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioners and any other persons who may be affected by such decision. The reasoned order shall be communicated to the petitioners and others as expeditiously as possible but positively within a period of six weeks from the date of receipt of a

server copy of this order together with a copy of the representation dated 6th November, 2025.

There shall be however no order as to costs.

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

(Hiranmay Bhattacharyya, J.)