Calcutta High Court (Appellete Side)
Dr. Atis Basak vs The State Of West Bengal & Ors on 17 January, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
40
17.01.2023
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 4137 of 2022
Dr. Atis Basak
-versus
The State of West Bengal & Ors.
Ms. Nibedita Chakraborty.
...For the Petitioner.
Mr. Mrinal Kanti Ghosh.
...For the Municipality.
Mr. Debasis Kar,
Mr. Subhajit Chowdhury.
...For the Respondent No.4.
Affidavit-of-service filed in Court today is taken on record.
The allegation of the petitioner is that the private respondent is using kaccha drain for passing the sewage water and the private respondent has constructed open chambers where the sewage water is being accumulated which is a breeding ground for mosquitoes and creating public nuisance.
The petitioner relies upon a notice issued under Sections 247 and 253 of the West Bengal Municipal Act, 1993 by the Executive Officer, Kharagpur Municipality on 19th May, 2021 and submits that no steps have been taken by the private respondent in response to the said notice.
2Learned advocate appearing for the Kharagpur Municipality produces the instruction from the Sanitary Inspector of the Municipality.
On a perusal of the same, it appears that a further spot inspection is required to be conducted to ascertain the proper facts.
The Executive Officer of the Municipality is directed to depute a competent person to inspect the spot in question to ascertain the allegation of the petitioner and to further ascertain as to whether the private respondent acted in response to the notice issued under Sections 247 and 253 of the West Bengal Municipal Act, 1993.
The spot inspection shall be conducted upon prior notice to the petitioner, the private respondent and to the representative of the Hijli Co-operative Society.
A report shall be placed before this Court on the adjourned date.
Let the matter appear in the list on 21 st February, 2023 under the heading "For Orders".
( Amrita Sinha, J.)