Syed Mozammel Hossain v. State Of West Bengal And ORS.

M/L 370 24.06.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 11340 of 2024 Syad Mozammel Hossain Vs.

The State of West Bengal & Ors.

Mr. Sani Hossain Mr. Miraj Hossain ...for the Petitioner.

Ms. Tithi Paul ...for the State.

1. None represents the private respondents.

2. Affidavit of service filed in Court today is taken on record.

3. Instruction forwarded by the Executive Engineer, Hooghly Division, PHE Directorate is also taken on record.

4. The petitioner seeks water connection. The Public Health Engineering Directorate was taking steps to lay the pipe line through the vacant place so that water could reach the door step of the petitioner. Because of the objection raised by the private respondents, the Executive Engineer of Hooghly Division, PHE Directorate has stopped the work.

5. The petitioner prays for a direction upon the authority to resume the work so that the water pipe line may reach the petitioner's premises.

6. Learned advocate representing the State respondents has obtained instruction from the Executive Engineer, Hooghly Division, PHE Directorate wherefrom it appears

that because of the objection raised by the private respondents, the authority has stopped the work.

7. As it appears that the water pipe line was being laid for distributing water to a number of persons, the Executive Engineer ought to find out a method to provide the water to the persons who require the same. The laying of water pipe line has to be taken as a public purpose and the same ought to be given more importance over private interest of any individual.

8. The Executive Engineer is directed to afford an opportunity of hearing to all the necessary parties and take steps to ensure that the water pipe line can be laid for the benefit of so many families residing in the said area.

9. Steps shall be taken by the Executive Engineer, Hooghly Division, PHE Directorate being the respondent no. 4 herein to ensure that the pipe line is laid at the earliest but positively within a period of twelve weeks from the date of communication of this order.

10. The Officer-in-Charge, Dadpur Police Station is directed to ensure that there is no breach of peace and/or tranquility at the locale at the time of laying the pipe line.

11. The writ petition stands disposed of.

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

(Amrita Sinha, J.)