Netai Kumar Deb And Others v. State Of West Bengal And ORS.

19.02.2021.

d.p.

W.P.A 3985 of 2021 (Via Video Conference) Netai Kumar Deb & Ors.

-versus The State of West Bengal & Ors.

Mr. Chitta Ranjan Chakraborty, Mr. Joy Chakraborty, Mr. Partha Sarathi Ghosh.

...For the Petitioners.

Mr. Satyajit Talukdar.

...For the KMDA.

Mr. Monoj Malhotra, Mr. Munshi Mijanur.

...For the State.

The petitioners were aggrieved by the action taken by the Dum Dum Municipality in laying underground pipe line beneath their private land. The Dum Dum Municipality has filed an affidavit wherein it has been mentioned that no drainage system has been constructed by the Dum Dum Municipality under the holding No. 28 Nirmal Sengupta Sarani ByLane, Milan Park and with regard to the plot of land purchased by the petitioner nos. 2, 3, 4 and 5 the Municipality found that there was existing drainage system, which has not been newly created and constructed by the Municipality.

As the Municipality has denied the allegations made by the petitioners in the writ petition, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly, disposed of. The petitioners shall be entitled to take any further steps, in accordance with law, for redressal of their grievances, if so advised.

The report in the form of an affidavit filed on behalf of the Dum Dum Municipality is retained with the records.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

( Amrita Sinha, J.)