Chandan Shaw v. State Of West Bengal And ORS.

25.03.2021 SL No. 151 Court No.24 (P.M.) WPA 4331 of 2021 Chandan Shaw & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Pratip Mukherjee, Mr. Arijit Ghosh, Mr. Subhodip Banerjee, Mr. Sumalya Chakraborty ... for the petitioners Mr. Himadri Sikhar Chakraborty Ms. Debdooti Dutta .... For the State.

The grievance of the petitioners is that the Panchayet has installed a water tap for public use in front of his premises. Photographs have been annexed to the writ petition to show that a tubewell already exists in front of his house and the fixing up of the water tap also in front of the house of the petitioners may pose a problem in future when the petitioners may require the said place to be used as ingress and egress to his property.

The petitioners made a representation before the Panchayet authority and complains that the same has not been considered by the respondent authority till date. None appears on behalf of the Panchayet despite service. Affidavit of service filed in Court is already taken on record.

As it appears that the petitioners' representations praying for shifting of the water tap from the front of his residence to some other place has not been considered by

the respondent authority till date accordingly, the instant writ petition is disposed of by directing the respondent No. 5, the Prodhan, Piayarapur Gram Panchayat to take a decision with regard to the prayer of the petitioners for shifting of the water connection at the earliest, but positively within a period of twelve weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioners immediately thereafter.

The petitioners shall be afforded an opportunity of hearing prior to taking a decision by the Prodhan. WPA 4331 of 2020 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)