Mohit Kumar Shah, J.—The present writ petition has been filed for directing the respondents to remove the Nala constructed illegally upon the raiyati land of the petitioner.

2. The brief facts of the case, according to the petitioner, are that the petitioner had filed a complaint before the Anumandaliya Lok Shikayat Niwaran Padadhikari, Sub-division, Siwan bearing Case No. Anany Sankhya 516110107091600362 dated 07.09.2016 alleging therein that the respondents, especially the Mukhiya of the concerned panchayat had illegally constructed Nala over the raiyati land of the petitioner, whereupon the said complaint was disposed off by an order dated 17.10.2016, directing the petitioner to approach the competent authorities/officials, however, it was recorded in the said order that the land in question is a raiyati land, belonging to the petitioner and the Nala is crossing from behind the house of the petitioner. Thereafter, the petitioner had moved the Deputy Collector-cum-first Appellate Authority, Siwan, who had passed an order dated 31.12.2016, holding that the construction of the Nala, made over the raiyati land of the petitioner is illegal, hence the same should be removed. Nonetheless, no action was taken by the authorities, whereafter the petitioner had approached the District Magistrate, Siwan, but still no action was taken, hence the petitioner has approached this Court for redressal of his aforesaid grievance.

3. Per contra, the learned counsel for the respondents has submitted by referring to the counter affidavit filed in the present case that without the consent of the raiyats, no construction work of drain/lane/road can be done, and to the said effect, a guideline has been circulated amongst all the District Magistrates vide letter dated 17.06.2013. It is also submitted that the petitioner has wrongly alleged that drain has been constructed on his raiyati land. In fact, the Block Development Officer, Ziradei, vide letter dated 26.07.2018 directed the Circle Officer, Ziradei to conduct inquiry and measure the land in question, whereafter the Anchal Amin had got the measurement done and submitted his measurement report, vide letter dated 16.08.2018, according to which, the drain in question occupies 1 dhur 18 dhurki land of Survey Plot No.1556 and the petitioner has encroached about 2 dhur area of the said government land. It is also submited that the said Survey Plot No.1556 is not the raiyati land of the petitioner, rather the same has been recorded in the R.S.Khatiyan as dihbasgit (Lane), which is for common use.

4. At this juncture, the learned counsel for the petitioner has submitted that Survey Plot No.1556 was raiyati/private gali of one Ramlal and widow of late Ramlal had sold the said Plot No.1556, by a registered deed along with other plots to the father of the present petitioner, namely, Late Jagdeesh Singh, hence it is submitted that Nala is admittedly situated over the private raiyati land of the petitioner.

5. This Court, vide order dated 30.08.2022, had directed the District Magistrate, Siwan to conduct an inquiry, seek appropriate documents/record of the case, both from the petitioner as also from the District Authorities and get the land measured so that the Court can be apprised with the factual position prevailing at the ground level. In compliance to the said order dated 30.08.2022, the District Magistrate has held spot inspection on 21.09.2022 along with the Circle Officer, Ziradei, Block Development Officer, Ziradei, Revenue Karmchari and Anchal Amin, in presence of the petitioner and other villagers, as has been stated in the supplementary counter affidavit filed on behalf of the respondent no.2. It has also been stated that the Circle Officer, Ziradei had produced extract copy of the Khatiyan and as per Khatiyan, Plot No.1556 is dihbasgit, which is gali in nature and the said fact has also been admitted by the petitioner in his signed statement dated 22.09.2022, which has been annexed as Annexure-G to