Bholanath Saha v. State Of West Bengal And ORS.

09.01.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 23146 of 2023 Sri Bholanath Saha -versus The State of West Bengal & Ors.

Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta.

...For the Petitioner.

Mr. Atis Kumar Biswas, Ms. Debangana Dey Nayak.

...For KMC.

Mr. Subir Banerjee.

...For the Respondent Nos. 6 & 7.

Mr. Priyankar Saha, Mr. Rudrajit Sarkar.

...For the State.

The petitioner seeks water connection.

Application has been made by the petitioner himself on 16th August, 2023. The same is yet to be disposed of. Learned advocate appearing for the private respondents does not have any objection if the water connection is granted to the premises of the petitioner. Learned advocate appearing for the Corporation relies upon the instruction forwarded by the engineers of the Kolkata Municipal Corporation. It appears therefrom that the premises no. 12, Brindaban Pal Lane in Ward No. 10 of the Kolkata Municipal Corporation has two apportioned assessees since March 2005. There is only one filtered water domestic ferrule

connection. One part of the said premises is recorded in the name of one Sanat Shaw and Sandip Shaw and the other part in the name of Bholanath Saha. The premises in question is not separated as per the records maintained by the Corporation.

The engineers of the Water Supply Department of the Corporation have opined that if the petitioner applies with proper documents as per the Kolkata Municipal Corporation Rules for the new filter water connection, the file may be processed accordingly. It appears that the application of the petitioner seeking water connection is pending consideration. The Executive Engineer (Water Supply)/North is directed to intimate the petitioner the formalities that are required to be complied by him for obtaining the water connection at his own premises.

The aforesaid information shall be provided at the earliest, but positively within a period of three weeks from the date of communication of this order. The petitioner shall be obliged to comply the formalities for obtaining the new water connection.

Learned advocate appearing for the petitioner submits that steps have been taken for separation of the premises by filing application in the A 42 Form. The application made by the petitioner seeking separation by filing the A 42 Form shall be disposed of by the Corporation within a period of four weeks from the date of communication of this order.

Since this writ petition is disposed of without calling for any affidavit, the allegations made in the writ

petition are deemed not to have been admitted by the respondents.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)