Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2327 of 2020 ====================================================== Santosh Yadav S/o Shree Ramadhar Yadav Resident of Village- Mairwa, P.o. Mairwa and P.s.- Mairwa, District- Siwan ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Water Resource Department, Govt. of Bihar, Patna 2.

The Commissioner cum Secretary Water Resource Department, Govt. of Bihar, Patna 3.

The Commissioner Saran Commissionary at Chhapra 4.

The District Magistrate Siwan 5.

The Executive Engineer Water Resource Department, Siwan 6.

The Junior Engineer Water Resource Department, Siwan 7.

The Sub Divisional Magistrate Siwan 8.

Circle Officer Darauli, Siwan, District- Siwan ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Nand Shukla For the Respondent/s :

Mr.Vikash Kumar ( Sc11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-02-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner prays for following reliefs"- a) For issuance of a direction to the respondent authority to construct immediately the sanctioned canal for which lands were duly acquired.

b) For issuance of a direction to the respondent authority to construct

Patna High Court CWJC No.2327 of 2020(2) dt.03-02-2020 2/3 sanctioned canal over the Government land for which some lands were acquired from Private persons at village Sarharwa for constructing Gauri Vishwania Nahar.

c) For issuance of a direction to the respondents authority to remove encroachment over the lands in question which was acquired for private persons at village Sarharwa for constructing Gauri Vishwania Nahar.

d) For issuance of a direction to the respondents authority to provide appropriate police force for compliance of order passed by the respondent no.8the Circle Officer, Darauli within the District of Siwan passed in Encroachment Case No.01 of 2018-19 vide letter no.850 dated 20.11.2019.

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

Patna High Court CWJC No.2327 of 2020(2) dt.03-02-2020 3/3 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 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) ( Mohit Kumar Shah, J) B.Kr./- U