WP(C) 5490/2011 BEFORE HON’BLE MR JUSTICE BD AGARWAL Heard Mr. J Patowary, learned counsel for the petitioner and Mr. RK Bora, learne d Government Advocate for the State. The petitioner’s case is that he is running sweetmeat shop at Maligaon Chariali and the resident of the locality are throwing stuffs and garbage. As a result, t he drain has been blocked and it’s stinking. Mr. Patowary submitted that in the year 2007, an application under Section 133 of the Code of Criminal Procedure was filed before the S.D.M., Kamrup (Metro) th at was registered as Case No. 151(M) of 2007. The case was disposed of on 19.05. 2007 with a direction to the opposite party to clear the drain. However, the dra in has again been blocked recently and the police authorities are not taking any action as per previous order. From the written instructions submitted by the learned Government Advocate, it appears to me that there is dispute between the petitioner and few other persons in the locality. In this way, the dispute is essentially a private dispute. At the same time, if the drain has been blocked recently, it would be treated as a new cause of action. Hence, the petitioner is at the liberty to either file an a pplication under section 133 of the CR.P.C. before a competent authority or to a pproach a competent civil court. With the aforesaid observations, this writ petition stands closed