Calcutta High Court (Appellete Side)
Madhusudan Das vs The State Of West Bengal & Ors on 15 September, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
15-09-2017
Sl. no.38
Ct. No. 5
aks..
W.P. 22814 (W) of 2017
Madhusudan Das
Versus
The State of West Bengal & Ors.
Mr. Indradip Pal
Mr. Sanjoy Ghosh
... for the petitioner.
Mr. Hiranmay Bhattacharyya
Mr. Mrinal Kanti Ghosh
... for the private respondent nos. 6 &n 7.
Ms. Sudipa Roy ... for the State.
The affidavit of service filed in court today be kept on record. The petitioner filed the present writ petition for direction upon the Pradhan of the concerned Gram Panchayat to take steps on the basis of the petitioner's representation dated 24/07/2017 being Annexure-P3 to the writ petition.
Mr. Pal, learned Advocate, appearing on behalf of the petitioner submits that the petitioner is the monthly tenant under the private respondent nos. 6 and
7. Mr. Pal further submits that the private respondent nos. 6 and 7 filed an eviction suit against the petitioner. Since then, the water supply to the petitioner's tenanted portion has been stopped.
The submission of Mr. Pal is vehemently opposed by Mr. Bhattacharyya, learned Advocate appearing for the private respondent nos. 6 and 7. 2 Mr. Bhattacharyya submits that before purchasing of the property by the private respondent nos. 6 and 7, the petitioner has not been given water supply by the erstwhile landlord. The respondent nos. 6 and 7 have initiated the eviction suit.
Mr. Bhattacharyya further submits that the petitioner has been enjoying water supply from the public tap adjacent to the premises in question.
Considering the submission advanced by the learned Advocate for the respective parties and perusing the records, I find that from the last two months, the petitioner along with his family members are out of water.
In view of the urgency, I direct the respondent no. 4, the Pradhan, Satgechia Gram Panchayat, District -Burdwan to consider and take a decision in respect of the petitioner's representation dated 24th July, 2017 (at page 19 being Annexure-P3 to the writ petition) within three weeks from the date of communication of this order after giving a hearing to the petitioner or his authorized representatives and also to the private respondent nos. 6 and 7 or their authorized representative and thereafter communicate the reasoned decision to the parties within one week.
With this direction, the writ petition is disposed of. Since this writ petition is disposed of without calling for any affidavit, the allegations made in the writ petition are deemed not to have been admitted.
There will be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on compliance of all necessary formalities. 3 ( Samapti Chatterjee J.)