Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10267 of 2023 ====================================================== Surendra Mahto Son of Late Borhan Mahto, R/o Village- Mathurapur, P.S and District- Khagaria.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Khagaria.

3.

The Sub Divisional Magistrate, Khagaria.

4.

The Anchal Adhikari, Khagria.

5.

The Executive Engineer, P.H.E.D. Division, Khagaria. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Rajesh Kumar, Advocate For the Respondents :

Mr. Raj Kishore Roy, GP- 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-07-2024 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2.

The present writ petition has been filed for directing respondent no. 6 to remove the water tank constructed over the part of Khata No. 453, Khesra No. 924, area 7 Katha 7 Dhur under the Nal Jal Yojna scheme. The land in question belongs to the petitioner. In fact, initially the said scheme was sanctioned for the Khata No. 453, Khesra No. 929 area 7 Dhur situated in Mathurapur Panchayat Ward No. 8, but instead of concerned water tank on Khesra No. 929, the same has been constructed on Khesra No. 924, which belongs to the petitioner.

Patna High Court CWJC No.10267 of 2023(2) dt.02-07-2024 2/2 Apart from that, the Anchal Amin has already sent a report to the Circle Officer on 22.04.2022 that construction is going on in Khesra No. 924 instead of 929. But, no action has been taken by the respondent authority. Thereafter, the petitioner had filed a legal representation dated 14.12.2021 (Annexure-7), which is still pending for consideration before the District Magistrate, Khagaria.

3.

In view of the aforesaid, the present writ petition is disposed of with a direction to respondent no. 2 (District Magistrate, Khagaria) to dispose of the representation of the petitioner, which is pending since 14.12.2021, within a period of six weeks from the date of production of copy of this order and the decision taken by the District Magistrate, Khagaria shall be communicated to the petitioner within the aforesaid period. 4.

Accordingly, with the aforesaid direction, the writ petitioner stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U