PINAKI CHANDRA GHOSE,J. - (1.) Instead of taking up the stay petition, we take up the appeal by treating the same as on day's list.
(2.) The impugned order was passed by the trial Court on December 22, 2011 rejecting the prayer which has been made by the writ petitioner in the writ petition being W. P. No.21805 (W) of 2011. The writ petitioner alleging that the private respondent has wrongfully installed a submersible pump within prohibited distance from his lawfully installed pump made a representation dated December 8, 2011 to the Senior Geologist. A copy of the said representation is also annexed to the writ petition.
(3.) The argument, which was placed before the trial Court, was not accepted. The trial Court holds that the Senior Geologist has no connection whatsoever with the State Level Authority. He is only the member secretary of the District Level Authority. The petitioner should have submitted complaint under Section 10 to the State Level Authority. It is further held that without making any complaint, the allegation of inaction on the part of the State Level Authority is unacceptable.;