Sova Bhattacharjee And Others v. State Of West Bengal And ORS.

ss/jks 23.08.2022 WPA(P) 226 of 2022 Smt. Sova Bhattacharjee & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Tapan K. Bhattacharya Mr. Aviroop Bhattacharya ... ... for the petitioners Mr. Amitesh Banerjee, Sr. Adv.

Ms. Sutapa Sanyal ... ... for the State Mr. Soumyajit Bhatta ... ... for the respondent nos.2 & 3 The petitioners and private respondents are residing in the same locality. The grievance raised in this public interest petition is that the private respondents are keeping several stray dogs as dog lovers and these dogs keep on barking day and night causing nuisance to the residents of the locality.

The prayer made in this public interest petition is to take steps against the private respondents in accordance with law to prevent the nuisance and creation of environmental pollution in the area.

Learned counsel appearing for the respondent nos.2 and 3 Panihati Municipality has informed that on the complaint made by the petitioners action has been initiated against the private respondents by issuing the notice dated 4th July, 2022 under section 347 read with section 343 of the West Bengal Municipal Act, 1993. Having regard to the fact that under the relevant provisions of the Municipal Act the respondent nos.2 and 3 have already initiated the action, we are of the view that at this stage no direction in this public interest petition is

required except to permit the respondent nos.2 and 3 to proceed with the action which has already been initiated and conclude the proceedings in accordance with law expeditiously.

The writ petition is accordingly disposed of. (Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)