Banamali Das v. Midnapur Municipality & ORS

14.10.2020 Item No.10 (Susanta) (Via Video Conference) W.P.A. 6352 of 2020 With IA NO: CAN 1/2020 (Old No: CAN 4901 of 2020) Sri Banamali Das Vs.

The Midnapur Municipality & Ors.

Mr. Nonigopal Chakraborty, ... For the petitioner.

Mr. Himadri Sikhar Chakraborty, Mr. Subhra Nag, ... For the State.

Ms. Anami Sikdar, .... For the Municipality.

Mr. Kanak Kiran Bandyopadhyay, ... For the WBSEDCL.

The petitioner complains that the private respondent no. 7 is installing a submersible pump in his land without the required permission from the respondent no. 5.

Ms. Sikdar, learned advocate appearing on behalf of the Midnapur Municipality arrayed as respondent Nos. 1 and 2 in the writ petition submits that municipality has got nothing to do with the allegation of the petitioner.

The same stand has been taken by the respondent no. 6, Divisional Manger WBSEDCL Midnapur Division.

The allegation of the petitioner is that the private respondent is installing the submersible pump without any sanction, therefore, petitioner has no cause of action against the present respondents, therefore, is not entitled to the order as prayed for. WPA 6352 of 2020 is disposed of with the above observation.

The connected application being CAN 4901 of 2020 is accordingly disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.

(Biswajit Basu, J.)