Ram Pravesh Gupta @ Ram Probesh Gupta v. State Of West Bengal And ORS.

14.12.2022 Sl.No.1 Ct.19 sn WPA 26453 of 2022 Ram Pravesh Gupta @ Ram Probesh Gupta Vs.

The State of West Bengal & Ors.

Mr. Anindya Bose Mr. Asoke Das Mr. Diptendu Mondal Mr. Ayana Dey ..for the petitioner Mr. Prasanta Kr. Giri Mr. Amit Kr. Ghosh ..for the State Mr. Bikram Banerjee Mr. Sudipta Dasgupta Mr. Arka Nandi Mr. Sutirtha Nayek Ms. Shalini Ghosh ..for the respdts.6-9 The petitioner alleges that the efforts of Durgapur-Abhoynagar-I Gram Panchayat to provide water supply to the petitioner under the Jal Jeevan Mission was frustrated due to obstruction created by the respondent nos. 6 to 9. It is submitted that right to life was sine qua non to right to water.

The correctness of the allegations cannot be ascertained from the writ petition in view of the absence of the gram panchayat. However, there is no denial of the fact that every citizen is entitled to water supply from the civic body.

Learned advocate for the respondent nos. 6 to 9 submits that the respondents do not have any objection to such connection, but the connection

should be through the common passage and not over the private land of the respondent nos. 6 to 9. Under such circumstances, this writ petition is disposed of with a direction upon the Pradhan, Durgapur-Abhoynagar-I Gram Panchayat to consider the representation made by the petitioner dated November 17, 2021(being Annexure P/4 at page 27 to the writ petition). The authority shall hear all the parties involved in this litigation and pass necessary orders. Efforts should be made to install connection strictly in accordance with the scheme and through the common passage.

reasoned order shall be passed and communicated to all.

The entire exercise shall be completed within a period of two months from the date of communication of this order.

This writ petition is disposed of.

There will be, however, no order as to costs. All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)