Bhola Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13327 of 2018 ====================================================== Bhola Prasad Singh son of Late Kashi Prasad Singh, resident of VillageSarmera, P.O. and P.S.- Sarmera, Anchal- Sarmera, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Principal Secretary, Department of Water Resources, Bihar, Patna. 3.
The Divisional Commissioner, Patna.
4.
The District Magistrate, Nalanda at Biharsharif. 5.
The Executive Engineer, Flood Control Division, Bakhtiarpur DistrictPatna. 6.
The Additional Collector-cum Zila Lok Shikayat Nivaran Padadhikari, Nalanda at Biharsharif.
7.
Anchal Adhikari, Sarmera, District- Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indu Bhushan, Advocate For the Respondent/s :
Mr.Vinay Kriti Singh- GA-2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 11.07.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioner and learned counsel for the respondents.
Petitioner has prayed for the following relief: "For issuance of an appropriate writ in the nature of mandamus commanding the responsible respondents for a direction to remove the encroachment from the PAINE (NAHAR) of Sarmera Thana No. 82, situated
Patna High Court CWJC No.13327 of 2018(2) dt.06-01-2020 2/3 at Village- Sarmera, P.S.- Sarmera, District- Nalanda, from the villagers of villages i.e. Sarmera, Chuharchak, Beldari, Baserh Tar, Chhoti Misian, those have forcefully encroached the Paine of Sarmera Thana No. 82, whose total encroached area is about 5 Kilometer from which Irrigation into 1000 acres land have been affected and water flow from the land have been stopped due to which in rainy season the people of the locality have been facing flood and also for a direction to dig the Paine to make it smooth flow of the watered and further for an enquiry for taking necessary legal action those have misappropriated Rs. About 20 crore without any work which was allotted for renovation work of the PAINE and KHATTA of Sarmera Thana N. 82 in the district of Nalanda."
After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available
Patna High Court CWJC No.13327 of 2018(2) dt.06-01-2020 3/3 in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U