Sri Hradhan Mondal v. The State Of West Bengal And ORS

OD-10 ORDER SHEET WPO/576/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SRI HRADHAN MONDAL Vs THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 12th July, 2024.

Appearance:

Mr. Mrinal Das, Adv.

Ms. Raja Adhikary, Adv.

Ms. Ruksar Parveen, Adv.

...for the petitioner Ms. Sipra Mazumdar, Adv.

Ms. Somashree Dey, Adv.

...for State Mr. Srijan Nayek, Adv.

Ms. Sima Chakraborty, Adv.

...for KMC The Court: It is the grievance of the petitioner that he is the sole owner in respect of a property at 194, Roy Bahadur Road, Behala, Kolkata 700 034. He applied before the Kolkata Municipal Corporation for a new water connection. The Water Supply Department of the Corporation issued a quotation for Rs.4076/- for effecting connection and the petitioner paid the quoted amount to the Kolkata Municipal Corporation, but till date no water supply has been effected in his premises.

Learned advocate representing the Corporation, on the other hand, submits that following the application of the petitioner, a licensed plumber

was engaged and a "Road Opening Notice" was issued on June 6, 2024 for effecting the connection.

The Corporation has also drawn attention of this Court to an injunction passed by the learned Civil Judge (Junior Division) 5th Court at Alipore, 24 Parganas (South) in Title Suit No.935/2023 filed by the respondent no.6. The ex parte ad interim order of injunction directed the parties to the suit to maintain status quo in respect of nature, character and possession of the relevant property.

The petitioner submits that he is not aware of any such injunction application. No summons of suit has been received by him. I am of the view that the ad interim injunction passed by the Civil Court should not stand in the way of effecting water supply at the premises of the petitioner. Water supply is an essential service and the Corporation was not a party to the suit.

In that view of the matter, I dispose of this writ petition with a direction upon the Corporation to effect the water connection at the relevant premises within a period of two weeks from date.

The Officer-in-Charge, Behala Police Station shall render all assistance to the Corporation personnel for effecting such connection. WPO/576/2024 is disposed of.

(KAUSIK CHANDA, J.) kc