Calcutta High Court (Appellete Side)
Shri Samir Mondal vs President on 6 July, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court at Calcutta
06-07-2010 Constitutional Writ Jurisdiction
Appellate Side
sb-9
.
W.P.No.13342(W) of 2010 Shri Samir Mondal
-vs-
President, Matangini Hazra Sajal Dhara Jal Prakalpa & Ors.
Mr. A.N. Mukhopadhyay .... for the petitioner Mr. A.K. Chakraborty Mr. Subhajit Panna ...for the first & second respondents Counsel for the first and second respondents submits that the first and second respondents could not supply water, though they had no difficulty in supplying water to the petitioner, because of a letter written by the Prodhan of the Gram Panchayat asking them not to give supply to the petitioner through the plot in question.
The question is whether the Prodhan of the Gram Panchayat possessed any power to give the direction to the first and second respondents not to supply water to the petitioner.
It is submitted that notice has been given to the private respondent. However, he has chosen not to appear at this stage. I think the petitioner has made out a prima facie case for admission of the petition. There is no reason to make a mandatory interim order directing supply of water.
For these reasons, I admit the petition. The respondents shall file opposition within five weeks; reply, if any, shall be filed by a week. This order shall be communicated to the non-appearing respondents within a week and affidavit of service showing compliance shall be filed at the time of final hearing. Liberty to mention the petition for final hearing. Certified xerox.
(Jayanta Kumar Biswas, J.)