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2018 Supreme(Pat) 1708

MUKESH R. SHAH, RAVI RANJAN
Abdul Salam, Son of Late Munshi Nazir – Appellant
Versus
State of Bihar through the Secretary, Department of Panchayat Raj – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shakti Suman Kumar
For the Respondent: M/s Ajay, Pratik Kumar Sinha, Shivendra Kishore, Sr. Ms. Binita Singh, Mr. Ajay

JUDGMENT :

Mukesh R. Shah, J.

1. Present writ petitions in the nature of Public Interest Litigation have been preferred by the petitioners for an appropriate writ, direction and order restraining the respondents from destroying the village pond situated at Village-Ghorasahan under Grampanchayati Raj Ghorasahan South, District-East Champaran and to restrain them from destroying the pucca boundary wall of the pond. It is also further prayed to direct the respondents to restore the pond by filling up water which has been drained out and take steps for its preservation.

1.1. That a supplementary affidavit is filed on behalf of the petitioners in reply to the counter affidavit filed on behalf of the Respondent Nos. 2, 3 and 4 in which it has been stated that the Respondent No. 2, in complete violation of the order dated 16.02.2018 passed by this Court, has continued the construction activities and he used water pumps to dry the pond. It has been submitted that 75 per cent of the area of the pond has been occupied by the newly constructed shops. In support of the above, photographs have been produced and relied upon.

1.2. A counter is filed on behalf of the Respondent Nos. 2, 3 and 4. In the

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