Calcutta High Court (Appellete Side)Nirod Baran Mondal vs State Of West Bengal & Others on 25 August, 2011Author:Soumitra PalBench:Soumitra Pal1


25.8.2011.                  W.P. 13436 (W) of 2011


                             Nirod Baran Mondal
                                      Vs
                        State of West Bengal & Others


                   Mr. Chittapriya Ghosh,
                   Mr. Ujjal Kumar Sarkar.
                                  ... For Petitioner
                   Mr. Susovan Sengupta,
                   Mr. Ayan Banerjee.
                                  ... For State


                   Let affidavit of service filed in Court today be kept
             with the record.


                   In the writ petition, the petitioner has challenged
             the order dated 11th February, 2011 passed by the
             District Magistrate, Birbhum, the respondent no.3 onthe ground that the construction of the public toilet
             close to his residential premises shall seriously hamper
             his personal life and business.Perused the impugned order from which I find
             that the toilet is being constructed by the authorities on
             a separate plot of land. Moreover, it appears from the
             said order that the toilet is being constructed taking
             note of the greater interest of the general public and
             hygiene in the locality. Therefore, considering the facts
             no order is passed on the writ petition. The writ petition
             is disposed of. However, this order shall not prevent the
             petitioner from applying before the appropriate forum.2Since the writ petition is disposed of at the stage
of admission without calling upon the respondents to
file affidavits, allegations made are deemed not to have
been admitted by them.There will be no order as to costs.Urgent photostat certified copy of this order, if
applied for, be supplied to the appearing parties on
priority basis.(SOUMITRA PAL, J.)