SUBRATA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The petitioner in this art.226 petition dated June 30, 2010 is seeking a mandamus commanding the respondents to demolish the unauthorised urinal set up in front of his house.

(2.) Counsel submits that some antisocial elements of the locality illegally set up the urinal just in front of the petitioner's house; and that feeling aggrieved the petitioner requested the District Magistrate to take action under s.10 of the West Bengal Highways Act, 1964. His further submission is that the District Magistrate has referred the matter to the Block Development Officer who has taken no step.

(3.) Neither the District Magistrate nor the Block Development Officer is the authority to take steps under s.10 of the West Bengal Highways Act, 1964. If the petitioner wanted steps under s.10 of the West Bengal Highways Act, 1964, then he was required to apply to the authority that was empowered to take steps under s.10. Since no such application has been filed, I am unable to accept his allegation of inaction on the part of the respondents. He is free to apply to the authority concerned, but he is not entitled to any relief from the High Court under art.226.