Shri.Sanjib Kumar Mistry v. The Secretary And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/514/2024 Shri Sanjib Kumar Mistry ... Petitioner Vs.
The Secretary and Anr. ... Respondents Mr. Alisham Venkatesh ...for the Petitioner Mr. Rakesh Kumar ...for the Respondents November 05, 2024 (M.A.Mobin) Item No.3
1. Both the Writ Petitioner and the Respondents are represented by their respective learned Advocates.
2. By filing the instant Writ Petition the Writ Petitioner has prayed for issuance of Writ of Mandamus upon the Respondent authorities more particularly upon the Respondent no.2 to provide water tap connection to the house of the Writ Petitioner bearing Survey No.1/P situated at Birsa Nagar near Community Hall, Attam Pahar, Port Blair Tehsil, South Andaman District.
3. It is submitted on behalf of the Petitioner that the Writ Petitioner is in possession of the aforementioned property and the Writ Petitioner is paying the property tax which is evident from Page no.16 of the instant Writ Petition.
4. It is submitted further that on 19.6.2024 the Writ Petitioner submitted an online application for new
water connection with the Respondent no.1 but as of now no water connection has been given to him.
5. Per contra learned Advocate for the Respondents submits before this Court that the Writ Petitioner is an unlawful occupier of the aforementioned premises and he has not fulfilled requisite formalities for obtaining water connection.
6. Such being the position this Court while disposing the instant Writ Petition directs the Respondent no.2 i.e. the Executive Engineer (WW), Port Blair Municipal Council to consider the online application dated 19.06.2024 (Annexure P-II in the Writ Petition) in accordance with law and after giving an opportunity of hearing to the Writ Petitioner and also allowing him to fulfill necessary formalities if there be any and thereafter shall pass a reasoned order and shall communicate the same to the Writ Petitioner positively within 60 days from today.
7. With the above observation the instant Writ Petition is disposed of.
8. Learned Advocate for the Respondents is hereby requested to communicate the Server Copy of this order to the Respondent no.2 for his immediate compliance.
9. Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.
10.
Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
(Partha Sarathi Sen, J.)