Sumana Ghosh (Patra) v. Inspector In Charge, Bolpur Police Station And ORS.

211. 15.05.2025 Court No.35.

(Pritam) WPA 9936 of 2025 Sumana Ghosh (Patra) -Vs.- The Inspector-in-Charge, Bolpur Police Station & Ors.

Mr. Ibrahim Shaikh, Ms. Benazir Shaikh.

...for the petitioner.

Mr. Sanjib Kumar Dan, ....for the respondent no.10.

Ms. Sonal Sinha, Ms. Munmun Ganguly, Mr. Sandipan Das ...for the State.

1. The grievance of the petitioner and the respondents is an earlier order passed by a co-ordinate bench in WPA 281 of 2023, wherein a co-ordinate bench was pleased to observe as follows;

"5. For the aforesaid purpose, the petitioner as well as the private respondents 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."

2. The report has been submitted by the State which reflects that an enquiry was conducted and it revealed as follows;

"During spot enquiry it revealed that one outlet pipe has been fixed on the overhead water tank situated on the roof of the petitioner and whenever water overflowed from the tank that comes on the wall of the Respondent no. 10 Subhas Chandra Paul. It is further noticed that the Smt. Sumana Ghosh (Patra) (Petitioner) constructed a drain outside of his boundary wall and entire soiled water coming from the petitioner's house, released on the land of the Respondent No. 10. And that is the main cause of enmity in between the Petitioner and Respondent No. 10."

3. Having considered the circumstances prevailing on June 15, 2023 is still existing, in the earlier order which was passed on June 15, 2023 would continue. The police authority would ensure that there should not be any breach of peace and tranquility or any untoward incident because of the strained relationship existed between the parties.

4. With the aforesaid observations, WPA 9936 of 2025 is disposed of.

5. Report so submitted be kept with the records. A copy of the report be handed over to both the parties.

6. Urgent Photostat certified copy of this order may be supplied to the parties upon all formalities, if applied for. (Tirthankar Ghosh, J.)