Bharati Pradhan vs The State of West Bengal & Ors.

The matter relates to dispute in relation to obtaining supply of water effected by the Haldia Municipal Corporation. The petitioner as also the respondent Nos. 7 and 8 are personally present in Court today. The respondent No. 7 is the son of the petitioner.

The parties would jointly submit that there is single connection for supply of water to the holding No. N/316/194, Basudebpur, Khanjanchak, Durgachak, under Mouza-Basudebpur, Dag No. 3285, Khatian No. 9363, J.L. No. 126, Police Station-Durgachak, Purba Medinipur (in short the said holding). Though, the petitioner and the respondent Nos. 7 and 8 reside separately, however, disputes having arisen between the parties in relation to enjoyment of supply of water, the petitioner had applied for a separate supply.

The municipality is represented. The learned advocate for the municipality would submit that the municipality is ready and willing to make available a separate connection in the petitioner’s portion.

The learned advocate for the private respondents would submit that he has no objection if the water supply is separately drawn by the petitioner from the connection which is available in the locality. Considering the fact that there is already an existing water supply at the said holding and the residents of the holding are entitled to the supply, the petitioner shall be entitled to obtain the supply from the municipal authorities through the existing connection which is available at the said holding. The municipal authorities shall employ men and machinery to carry out the aforesaid work within a period of seven days from date.

Since, the learned advocate for the respondent Nos. 7 and 8 on instructions would submit that no obstruction shall be put up by the respondent Nos. 7 and 8, I am of the view, for the time being, no police assistance would be necessary. However, in the event, any obstruction is put up, the municipal authorities may seek necessary police assistance for carrying out the above work. The above direction is being issued on the premise that all costs, charges and expenses for obtaining such supply has already been paid by the petitioner.

With the above observations and directions, the writ petition is disposed of.