ANUWAR HOSEN AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA(P)/523/2024 · 2025-02-13
Bivas Pattanayak, T S Sivagnanam
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 50251 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50251 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13.02.2025 Item No.16 gd/ssd WPA(P)/523/2024 ANUWAR HOSEN AND ANR. VS STATE OF WEST BENGAL AND ORS.
Mr. Anindya Sundar Das, Md. A. Santra, Ms. Paramita Mondal, Ms. Suva Gayen, Mr. Suman Halder ..for the Petitioners.
Mr. Sk. Md. Galib, Mr. Debangshu Dinda ..for the State.
1. By this public interest writ petition the petitioners seek for a direction upon the authorities to remove the article barrier created by the private respondent which is disallowing the water of Domoush Beel from flowing into Bhagirati river.
2. Though the petition has been styled as a public interest litigation, there appears to be certain other issues which dissuade us from entertaining this writ petition. Once such issue is that the private respondent has filed a writ petition before this court which is still pending as against the refusal to grant any interim order, the private respondent filed intra court appeal in MAT 625 of 2022 in which there is an interim order granted and it is stated by the authorities that the interim order has been extended till 15th March, 2025.
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3. Thus, there is inter se dispute between the State and the private respondent and in the interregnum direction cannot be granted in a public interest writ petition. If at all the petitioners want to put forth their case, the only remedy available to them is to intervene in the pending writ petition, if they are so advised.
4. With the above observations, the matter stands disposed of.
(T. S. SIVAGNANAM)
CHIEF JUSTICE
(BIVAS PATTANAYAK, J.)