Prasenjit Prasad Gupta (Bhakat) v. The State Of West Bengal And ORS.
09.01.2025 Item No.3 PG/KS Ct. No.1 W.P.A.(P) 434 of 2024 Prasenjit Prasad Gupta (Bhakat)
Versus
The State of West Bengal & ors.
Mr. Rishabh Thakur.........for the petitioner Ms. Kalpana Singhania Mr. Amal Kr. Sen, Ld. AGP Mr. Lal Mohan Basu........for the State
1. This writ petition has been filed as a public interest litigation alleging that a drainage, which was supposed to be constructed, was never constructed and the entire place is in disarray. The learned advocate for the petitioner also alleges that though the work order was issued, the construction was not made in a proper manner and there is embezzlement of Government funds.
2. The learned Government counsel appearing for the Block Development Officer on telephonic instruction submitted that the work order was issued on March 15, 2022 by the Executive Officer, Bamangola Panchayat Samity and the work was completed. Sofar as the construction is concerned, the tenders were invited by the Block Development Officer and thereafter directions were issued to the Panchayat to complete the work.
3. If that be the case, it has to be ensured that the drainage channel is maintained in a proper manner. Therefore, we direct the Block Development Officer,
Bamangola Block being the 5th respondent to conduct a surprise inspection of the area and if it is found that the drainage has not been maintained properly or constructed properly, appropriate directions be given to the Zilla Parishad to re-construct and/or repair the drain by the same contractor, who had performed the work in the year 2022-2023.
4. Let these directions be complied with within a period of twelve weeks from the date of receipt of server copy of this order.
5. With the aforesaid directions, the writ petition is disposed of.
6. No costs.
7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)