Priyanka Das v. The State Of West Bengal And ORS.

23.09.2024.

PB Sl. No.57.

Ct. No.15 WPA 14968 of 2024 Smt. Priyanka Das Vs The State of West Bengal & Ors.

Ms. Nibedita Chakrabarty, Mr. Sk. Mustafi Rahaman.

... For the Petitioner.

Mr. Bhagbat Chaudhuri.

.....For the respondent no.5.

Mr. Satyajit Talukdar, Mr. Arindam Chatterjee.

......For the KMDA.

Mr. Ziaul Islam.

......For the State.

It is the grievance of the petitioner that despite submitting an application for a water connection at her premises located at 25/5, Bukrah Millage Road also known as Thakur Pukur Lane, P.S.-A.J.C. Bose Botanic Garden, Howrah-711110, the connection has not been provided.

Learned advocate appearing on behalf of the respondent no.3 submits that the water connection could not be effected due to an obstruction caused by respondent no.5.

Learned advocate appearing on behalf of the respondent no.5 submits that there is a partition suit pending between the parties and the Civil Court has directed the parties to maintain status quo in respect of the nature, character and possession of the suit property.

Water supply is an essential service. I am also of the view that the order of status quo does not stand in the way of getting water connection, as it does not affect the nature, character and possession of the suit property.

In view of the above, I direct the respondent no.3 to effect the water connection at the premises of the writ petitioner.

Respondent no.4 shall render necessary assistance to the respondent no.3 in facilitating the supply. All necessary formalities for effecting the supply shall be complied with by the petitioner within a period of three weeks from date, if not already complied with. It is also clarified that this water connection shall not create any equitable right in favour of the petitioner.

Accordingly, WPA 14968 of 2024 is disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)