Dulal Krishna Kar v. State Of West Bengal And ORS.

02.1.2023 D.Hira In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 23186 of 2022 Dulal Krishna Kar -versus The State of West Bengal & Ors.

Mr. Varun Kothari, Mr. Hamanta Kumar Das, Mr. Arya Bhattacharyya.

...For the Petitioner.

Mr. Partha Pratim Roy, Mr. Tanmoy Mukherjee, Mr. Souvik Das, Mr. Rudranil Das.

...For the respondent no. 10.

Mr. T.M. Siddiqui, Mr. Nilotpal Chatterjee.

...For KMC.

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

The grievance of the petitioner is that there is water seeping from his ceiling due to the alteration made in the pipeline of the private respondent in his toilet/bathroom.

The petitioner complains that the representation filed before the Corporation seeking relief is pending consideration.

Learned Advocate representing the private respondent submits, upon instructions, that the

pipeline in question is a private one and the Kolkata Municipal Corporation does not have any role to play. Upon hearing the submissions made on behalf of the parties, it appears that the dispute in question cannot be decided either by the Kolkata Municipal Corporation or by the Writ Court.

Accordingly, the present writ petition is disposed of by giving liberty to the petitioner to approach the appropriate forum for relief, if so advised.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)