Dashu Rajbhar v. The Howrah Municipal Corporation And ORS

25.01.2021.

d.p.

W.P.A 8778 of 2020 (Via Video Conference) Dashu Rajbhar -versus The Howrah Municipal Corporation & Ors.

Mr. Bidyut Kr. Halder, Mr. Indranil Halder.

...For the Petitioner.

Mr. Sandipan Banerjee, Mr. Ankit Surekha.

...For the Municipality.

None appears on behalf of the private respondent in spite of service.

According to the petitioner, there cannot be two water service connections in the premises.

The petitioner relies upon a Section 136 of the Howrah Municipal Corporation Act, 1980 in support of his submission.

According to Section 136 of the said Act, subject to such conditions as the Corporation may from time to time impose, the Commissioner may allow any person owning or occupying any premises to lay down servicepipes from the mains of the Corporation for the purpose of bringing into the premises a supply of filtered and unfiltered water for use therein under the provisions of this Act or the regulations made thereunder.

The learned advocate appearing for the Howrah Municipal Corporation, submits upon instructions, that

there is no bar upon the Howrah Municipal Corporation to lay more than one water service connection in a premises in question.

The prayer of the petitioner is for disconnection of the second water service connection which was being used by the private respondent.

It appears that there is a private dispute in between the petitioner and the private respondent, for which a Suit has also been filed before the learned Civil Court.

The prayer of the petitioner for disconnection of the second water service connection cannot be considered by this Court at this stage.

The writ petition is dismissed.

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

( Amrita Sinha, J.)