20.07.2026 M/L 46 Ct No. 3 SG WPA 14449 of 2026 Mampi Mondal Vs The State of West Bengal & Ors. Mr. Suddhadev Adak. Ms. Richa Pramanik, Mr. Samrat Hoque. …for the petitioner Mr. Chittapriya Ghosh, Ms. Priyanka Saha. …for respondent no. 11 1. Petitioner is aggrieved with the construction of a soak pit/septic tank adjacent to the petitioner’s property. According to the petitioner, the aforesaid soak pit has been constructed by the petitioner’s neighbour within the 2 feet of the petitioner’s property and is extremely close to the well dug by the petitioner which is meant to be used for drinking water. The petitioner has also disclosed a sketch map which identifies a well. Page number 32 of the writ petition incidentally depicts the photographs of the well. According to the petitioner, the municipality has already taken steps by issuing a stop-work notice on the private respondent. The petitioner seeks implementation thereof. 2. This Court finds that a title suit has been filed before the Court of Civil Judge (Junior Division), Suri, 2 Birbhum which has been registered as T.S. No. 150 of 2023. The suit pertains to title dispute between the petitioner and the private respondent. 3. In the peculiar facts when the private parties are litigating, a civil suit is pending, I am of the view it shall not be prudent to direct the municipal authorities to take proactive steps. However, the above order shall not interfere with the rights of the municipality to act in accordance with law. If the municipal authorities detect construction of an illegal soak pit or note that there is any likelihood of contamination of the water source meant for drinking, appropriate steps in accordance with law may be taken. 4. Since no affidavits have been called for from the respondents, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 5. With the above directions, the writ petition stands disposed of. 6. There shall be no order as to costs. 7. Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Raja Basu Chowdhury, J.)