Ashalata Mondal vs The State Of West Bengal & Ors
2022 Latest Caselaw 7282 Cal

     Sl. No.73
31.10.2022
 Court No.24
  B.M.


                     In The High Court At Calcutta
                     Constitutional Writ Jurisdiction
                             Appellate Side

                            WPA 19099 of 2022
                                    +
                          IA No.: CAN 1 of 2022

                           Ashalata Mondal
                                  v.
                    The State of West Bengal & Ors.

                           Mr. Pradip Kumar Chakraborty
                           Mr. Sabyasachi Mondal
                           Mr. Sayan Mukherjee
                                                     ... for the petitioner
                           Mr. Shyama Prasad Purkait
                           Ms. Moumita Mondal
                                        ... for the respondent nos.3 & 4/

Diamond Harbour Municipality Mr. Jaharlal De Mr. Shamim Ul Bari ... for the State

The petitioner prays for a direction upon the

Diamond Harbour Municipality to take steps for

consideration of the representation dated 26 th July, 2022

praying for lifting the level of the existing drain on the

Western side of the concrete municipal road in front of

the dwelling house of the petitioner.

Learned advocate for the Municipality submits that

steps have been taken for clearing the garbage which

prevented the free flowing of water in the drain.

It has been admitted that though there was some

problem of water logging during the monsoon season but

presently there is no problem in the free flowing of

sewerage water.

It has been submitted by the learned advocate for

the Municipality that steps will be taken for a permanent

solution to the problem of water logging.

An application for addition of party has been filed

by one Nadiram Halder.

It has been submitted that a suit for partition in

respect of the aforesaid property was filed and presently

an appeal has been carried from the judgment and

decree passed in the said suit. The appeal is pending

adjudication.

It is the stand of the applicant that on the garb of

lifting the existing drain, the petitioner is trying to

construct a boundary wall for demarcation of the

property.

It appears from the submission of the parties that

the suit in question is for partition and the same is not

relating to lifting of the level of the existing drain. Any

steps taken by the Municipality to raise the level of the

existing drain will not have any effect on the pending suit

for partition of the premises in question.

In view of the above, the application for addition of

party cannot be allowed and the same stand dismissed.

The present writ petition is disposed of by directing

the Diamond Harbour Municipality to take steps for

consideration of the representation filed by the petitioner

on 26th July, 2022 strictly in accordance with law, after

giving reasonable opportunity of hearing to the petitioner

and all other necessary parties within a period of eight

weeks from the date of communication of this order.

A reasoned order shall be passed by the

Municipality and communicated to the parties

immediately thereafter.

It is made clear that this Court has not entered

into the merits of the prayer of the petitioner and all

points are left open to be decided by the Municipality at

the time of consideration of the representation of the

petitioner.

Affidavit of service filed in Court is taken on

records.

CAN 1 of 2022 stands dismissed.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)