Ashok Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12795 of 2025 ====================================================== Ashok Chaudhary Son of Jagdish Chaudhri, Resident of Mauza Sikandara, P.S.-Sikandara, District-Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Irrigation Water Resources Department, Govt. of Bihar, Patna.

2.

The Engineer in Chief Water Resources Department, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Munger.

4.

The Collector, Jamui.

5.

Deputy Development Commissioner, Jamui.

6.

The Executive Engineer Minor Irrigation Jhajha, District-Jamui. 7.

The Executive Officer, Nagar Panchayat Sikandara, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Kumar Pandey, Advocate Mr. Dharmendra Kumar Sinha, Advocate For the Respondent/s :

Ms. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 09-12-2025 The present writ application has been filed in the form of a Public Interest Litigation (PIL) for the following reliefs:

"I) For issuance of an appropriate writ/writs 'PIL' in the nature of Mandamus commanding and directing the respondents to repair construction on Gairmazarua Aam Land (Aahar/Bandh) situated in Mauza Sikandara Thana No. 122 Tauzi No. 336 Khata No. 455, Khesra No. 3303 having an area of 98 decimal.

2/4 For want of repair and due to non-filling of soil the shape of Aahar to change into plain land and rain water not stored and as a result for which the villagers could not irritate their field. Earlier one Alauddin Beg filed a writ petition C.W.J.C. No. 20721/2021 to repair the Dam Aahar Bandh aforesaid and this Hon'ble Court on 10.01.2022 ordered for necessary action even their till date the Aahar/dam has not repaired. II) Further for a direction to the respondents to disposed of the representation to the respondent to repair the Aahar but even then till date the Aahar Bandh has not been repaired and villagers are suffering for their no fault.

III) For any other relief/reliefs/ for which the petitioner is entitled to get the same."

2. A similar relief had earlier been sought in C.W.J.C. No. 20721 of 2021, which was disposed of on 10.01.2022 with certain direction to ensure completion of the work.

3. A supplementary counter affidavit has been filed on behalf of respondent No. 6, relevant paragraphs of which are extracted hereinbelow:

"6) That it is stated and submitted that the answering respondent have already taken steps to redress the grievances of the petitioner. The Circle Officer Sikandra was requested vide letter no. 3775 dated 10.10.2025 & 4020 dated

3/4 08.11.2025 to measure and verify the status of land in question whether it is private land or government land. Vide letter no. 4035 dated 10.11.2025 Circle Officer Sikandra has been requested to remove the encroachment from land in question.

7) That it is stated that answering respondent has once again vide letter no 4129 dated 28.11.2025 requested the Circle Officer, Sikandra, Jamui to make available the details Khata, Khesra of Pyne in question so that renovation work of Pyne may be started. The DPR of the said work has been submitted to the competent authority for approval.

8) That it is stated and submitted that the site was inspected in the presence of the petitioner and DPR for the work of repair of Ahar/dam has been prepared and sent to the Superintending Engineer, Minor Irrigation Circle, Munger vide letter no 3873 dated 24.10.2025.

9) That it is stated and submitted that the DPR has been sent to the Engineer in Chief cum Chairman, Technical Advisory Committee, Minor Water Resources Department vide letter no 3899 dated 25.11.2025 by the Chief Engineer, Minor Water Resources Department, Bhagalpur.

10) That it stated and submitted that once the Administrative Approval is granted by the competent authority, the work of repair of Aahar/Bandh will be carried out."

4/4

4. Taking into account the statements made in the supplementary counter affidavit, respondent-authorities are directed to complete the project in question preferably within a period of nine months from today.

5. The writ application is, accordingly, disposed of.

6. Pending application(s), if any, shall stand disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Anushka/- U