P APPLA NAIDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner has challenged the initiation of" proceeding under Section 133 of the Cr. P.C. On the ground that there does not exist any public nuisance.

(3.) The admitted fact in this case is that the petitioner was constructing a septic tank on his own private land. There is a private well within the compound of the opposite party No. 2 at a distance of about raven feet from the land of the petitioner where the septic tank was being constructed The opposite party No. 2 filed a case alleging that the construction of the septic tank will pollute the water of that well.