Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3434 of 2023 ====================================================== Awadhesh Singh S/o Gopal Singh Resident of Village- Bansghat, P.S.- Chakia, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate-cum-Collector, East Champaran, Motihari.

2.

The Additional Collector, Motihari, District- East Champaran. 3.

The S.D.M., Chakia, District- East Champaran. 4.

The District Panchayat Raj Officer, Motihari, District- East Champaran. 5.

The Deputy Collector, Land Reform, Chakia, District- East Champaran. 6.

The Anchal Adhikari, Kalyanpur, District- East Champaran. 7.

The S.H.O. Chakia Police Station, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alka Singh For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2023 The present writ petition has been filed seeking the following reliefs:- "1(i).

For issuance of an appropriate writ/order or direction (s) for directing and commanding the Respondent authorities to shift water tank, which has been constructed upon Plot No.3588 and Plot No.3694, Khata No.782 in Village- Bansghat, Anchal-Kalyanpur, District-East Champaran. The above plots are Gairmajarua Aam Road and under Nal Jal

Patna High Court CWJC No.3434 of 2023(2) dt.05-07-2023 2/3 Scheme Yojna the above water tank has been constructed on corner of village Road area due to which the villagers/local resident including the petitioner are facing obstruction although it can be shifted nearby the road as there was sufficient land under Plot No.3588 and Plot No.3694, Khata No.782 and due to construction of the water tank on the corner/turning point of the road vehicle cannot cross properly.

(ii). For issuance of appropriate writ/order or directing direction(s) for directing and commanding the respondent authorities to provide smooth passage/pathway upon the road after shifting water tank on some distance but without seeking consent of the local resident, villagers, etc. the water tank was constructed under Nal Jal Yojna and only Electric Pole was shifted at another place and the order passed by the D.M. District East Champaran, Motihari has not been complied by the District Panchayat Raj Officer at Motihari. Although the petitioner and others had raised objection at the time of construction of water tank."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, East Champaran, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.3434 of 2023(2) dt.05-07-2023 3/3 The writ petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/- U