Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7499 of 2025 ====================================================== Kaushalya Devi Wife of Bindeshwar Kamti Resident of Village- Parari, P.S.- Darbhanga, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Represented through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar.

2.

The District Magistrate, Darbhanga.

3.

The Circle Officer, Biraul, Darbhanga.

4.

Circle Inspector, Biraul, Darbhanga.

5.

Executive Engineer, P.H.E.D., Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Jha, Advocate For the State :

Mr. Standing Counsel 26 :

Mr. Divit Vinod, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-04-2026 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"(i) to issue an appropriate writ / writs, order / orders, direction /directions, to the respondent authorities specially to respondent no.-3, to not construct / built a Water Tank on the private land of the petitioner bearing Khata No. 422 (old), 735 (new), Khesra No. 479 (old), 691(new) measuring 61⁄2 (six and half decimal), in the Panchayat of Parri, Mauza Parari, Thana

Patna High Court CWJC No.7499 of 2025(2) dt.28-04-2026 2/3 No. 111, Ward No. 4, within the district of Darbhanga, under the scheme of HAR GHAR NAL KA JAL.

(ii) to issue a writ in the nature of Mandamus for a direction to the respondent no.- 3, to stop the implementation of letter no. 2855, dated 21.12.2024, issued under the signature of respondent no.-3, by which private land of the petitioner bearing Khata No. 422 (old), 735 (new), Khesra No. 479 (old), 691(new) measuring 61⁄2 (six and half decimal), in the Panchayat of Parri, Mauza - Parari, Thana No. 111, Ward No. -4, within the district of Darbhanga, has been selected for the installation of Water Tank under the scheme of HAR GHAR NAL JAL.

(iii) to issue a writ in the nature of Certiorari for the quashing of letter no. 2855, dated 21.12.2024, by which private land (self purchased in the year 1982) of the petitioner has been selected for the installation of Water Tank. (iv) any other relief or reliefs for which

Patna High Court CWJC No.7499 of 2025(2) dt.28-04-2026 3/3 the petitioner is legally and validly entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that Title Suit No. 41 of 2017 is pending but was filed before the construction started.

4. Learned State counsel submits that this fact can be very well brought before the concerned court so that an appropriate order is passed.

5. This Court accepts the submissions put forward by the learned State counsel. If the petitioner has any grievance relating to the land in question, the competent court dealing with the Title Suit No. 41 of 2017 can very well take the same on record and pass an order accordingly.

6. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U