KAJAL DAS Vs. NETAI CHANDRA PAUL & ORS.

JUDGEMENT

(1.) This revisional application is against an order dated 29.6.1998 passed by the learned Executive Magistrate, Barrackpore in M/Case No. 188 of 1995 under section 133 of the Code of Criminal Procedure.

(2.) The opposite party No.1 filed an application under section 133 of the Code of Criminal Procedure, wherein it is stated that the opposite party Kajal Das (petitioner herein) is a tenant in the premises in question and he is a habitual defaulter in payment of rent. It was alleged in the said application under section 133 Code Criminal Procedure that the opposite party Kajal Das had dug a pit on the Northern side of the said building and is storing night soil in the pit as a result of which foul smell is spreading all around the area causing harm to adjoining neighbours. The entire area has been polluted by such injurious and unhealthy gas. In such circumstance it was prayed by the owner of the property, namely Netai Chandra Paul (O.P. No.1 herein) that necessary order might be passed for removal of the said nuisance from the said premises. The proceeding was numbered as M.P. 2679 of 1995.

(3.) On receipt of the application under section 133 Code Criminal Procedure the learned executive Magistrate by his order dated 19.7.1995 directed the Inspector in charge Dum Dum P.S. and the Chairman, South Dum Dum Municipality to enquire and submit a report regarding such nuisance. Police, submitted a report on 9.8.1995 and the Municipal Authority submitted a report on 10.8.1995. In both the reports the allegation made by the 1st party/opposite party No.1 was found to be true and it was suggested by the enquiry authority that such nuisance should be removed.