Bikash Purkayastha vs The State Of Assam And 3 Ors
2022 Latest Caselaw 3180 Gua

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GAHC010066722022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WA/131/2022

         BIKASH PURKAYASTHA
         S/O LATE BIRENDRA KR. PURKAYASTHA,
         RESIDENT OF MALUGRAM, NABAPALLY ROAD, PO SILCHAR 2, PS
         MALUGRAM OUT POST, DIST CACHAR, SILCHAR, ASSAM 788002



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, MUNICIPAL
         ADMINSTRATION DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI
         781006

         2:THE SILCHAR MUNICIPAL BOARD

          REPRESENTED BY THE CHAIRMAN
          SILCHAR TOWN
          PO AND PS SILCHAR

         3:THE EXECUTIVE OFFICER

          SILCHAR MUNICIPAL BOARD
          SILCHAR TOWN
          PO AND PS SILCHAR


         4:BIMAN PURKAYASTHA
          S/O LT. BIRENDRA KR. PURKAYASTHA
         RESIDENT OF MALUGRAM
          NABAPALLY ROAD
          PO SILCHAR 2
          PS MALUGRAM OUT POST
          DIST SILCHAR
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             ASSAM 78800

Advocate for the Petitioner   : MS N SAIKIA

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 24-08-2022 R.M. Chhaya, C.J.

Heard Mrs. N. Saikia, learned counsel for the appellant. Also heard Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for the respondent No.1 and Mr. S. Dutta, learned counsel for the respondent Nos.2 and

3. Feeling aggrieved and dissatisfied with the judgment and order dated 02.03.2022 passed by the learned Single Judge in WP(C) 2537/2021, the present intra-Court appeal is preferred. It is the case of the appellant/original petitioner that he is entitled to water connection and the same was denied. The appellant/original petitioner approached this Court by way of filing petition under Article 226 of the Constitution of India inter alia praying as under;

"In the premises aforesaid, it is therefore, most humbly prayed that Your Lordship would be pleased to admit this petition and issue a Rule calling upon the respondents to show cause as to why a writ in the nature of Mandamus and/or Certiorari and/or any other writ, order or direction should not be issued directing the Respondents to install water connection immediately to the petitioner's house by setting aside and quashing the impugned order dated 01/03/2021 passed by the Respondent No.3 and call for the records of the case and on perusal thereof and upon hearing the parties to make the rule absolute Page No.# 3/4

and direct the respondents to install water connection immediately to the petitioner's house by setting aside and quashing the impugned order dated 01/03/2021 passed by the Respondent No.3 and/or pass such further order or orders as Your Lordships may deem fit and proper.

-AND-

In the interim during pendency of the writ petition, Your Lordship may kindly direct the Respondents to install water connection immediately to the petitioner's house and/or pass such further order or orders as Your Lordships may deem fit and proper."

The said prayer was not granted against which the present appeal is filed.

By an order dated 19.05.2022, a Coordinate Bench of this Court passed the following order;

"Heard Ms. N. Saikia, learned counsel for the appellant. Also heard Mr. S. Dutta, learned Standing Counsel, Silchar Municipal Board.

Without going into the merit of the appeal, we, as an interim measure, direct that the Silchar Municipal Board shall provisionally provide water to the appellant within a period of 15 days and the Silchar Municipal Board would be at liberty to disconnect the water connection after a month if the premises is not occupied by the appellant or any authorized person within one month.

List the matter again on 22.06.2022."

Mrs. N. Saikia, learned counsel for the appellant states that water connection has been installed and the same is functioning as on date.

In the light of the aforesaid, this appeal is disposed of with the following directions;

(1) that the Silchar Municipal Board shall not disconnect the water supply except in accordance with law or if there is any breach of the Rules applicable.

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However, the conditions imposed by this Court vide order dated 19.05.2022 shall continue.

(2) the installation of water supply is not a declaration of title in favour of any party.

With the above directions, this appeal stands disposed of. No cost.

                  JUDGE                            CHIEF JUSTICE



Comparing Assistant