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Calcutta High CourtWPA/281/2023disposed

Sumana Ghosh (Patra) v. I.C Bolpur Ps. And ORS.

2023-06-15Hon'Ble Justice Rajasekhar Mantha2 pages

15-06-2023 ct no. 13 sl. no. 26 sp WPA 281 of 2023 With CAN 1 of 2023 Sumana Ghosh (Patra) -VersusThe Inspector-in-Charge, Bolpur Police Station, Birbhum & Ors.

Ms. Benazir Shaikh, Mr. Ibrahim Shaikh ...for the petitioner Mr. Santanu Kr. Mitra, Ms. Rama Halder ..for the State Mr. Sujoy Sarkar, Mr. Rahul Chachan ...for the respondent no.10 1.

The petitioner complains that the private respondent has set up a water outlet pipe from his residence that falls into her house.

2.

The private respondent complains that water from the petitioner's house, is allowed to flow into his house.

3.

The police have submitted a report dated 12.01.2023 and have taken out proceedings under Sections 107 and 116(3) of the Cr. P.C. 4.

The petitioner as well as the private respondent are hereby directed to ensure that water from one house does not fall into the other.

5.

For the aforesaid purpose, the petitioner as well as the private respondent shall rectify and repair their water outlets to ensure that the water outlets do not cause nuisance to one another. 6.

The Bolpur Police Station, Birbhum shall ensure compliance of the aforesaid order and also ensure that there is no breach of peace in the area.

7.

With the aforesaid observations, the instant writ petition shall stand disposed of.

8.

In view of the above, CAN 1 of 2023 shall also stand disposed of.

9.

There shall be no order as to costs.

10.

The report of the Bolpur Police Station dated 12.01.2023 is kept with the record.

11.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)