Saroj Kumar Maity And ORS. v. State Of West Bengal And ORS.

36. 22.09.2025 Court No.08.

(Pritam) WPA(P) 363 of 2025.

Saroj Kumar Maity & Ors.

-Vs.- State of West Bengal & Ors.

Mr. Sounak Bhattacharyya, Mr. Gourab Ghosh.

...for the petitioners.

Mr. Amitabrata Roy, Ld. GP., Mr. Nilotpal Chatterjee, Mr. Suman Dey.

....for the State.

Mr. Sankar Prasad Dalapati, Mr. Debasish Sarkar.

.....for the private respondent nos.11 to 14. (Dictated by:- Smita Das De, J.)

1. The petitioners are the local people of Jali Bishnupur village thriving mainly upon cultivation of land to maintain their livelihood since they have no other means to support their families.

2. In order to channelize the free flow of water for cultivation and draining the excess water, a water channel has been constructed at Plot No.1016 and 1017. A culvert has been constructed at the Plot No.1017 for draining the excess water by diverting

through Plot No.378 and 475, connecting the same to the main canal situated at Ilashpur (J.L. No.59).

3. The land in question belongs to Irrigation and Waterways Department.

4. The petitioners' main grievance is with regard to an illegal blockage created in the culvert at Plot No.1017 by the private respondents for which the petitioners cannot drain out the excess water from the lands thereby causing water logging in the cultivation and ultimately damaging the crops of the farmers.

5. A mass representation has been made before the authority concerned but till date, it remained unanswered.

6. The petitioners are directed to make a further representation before the respondent no.5 within a fortnight from the date of the said order. The respondent no.5 shall consider the representation and pass a reasoned order upon affording an opportunity of hearing to all the interested parties and thereafter communicate the order to all the concerned parties. The entire exercise shall be completed within a period of 60 days.

7. It is needless to mention that if there is any illegality found causing difficulties for the villagers to cultivate, then the respondent no.5 with the assistance of respondent no.4 shall take appropriate steps in accordance with law.

8. The PIL being WPA(P) 363 of 2025 is disposed of. (Sujoy Paul, J.) (Smita Das De, J.)