IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16655 of 2025 ======================================================

Suresh Paswan ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate For the Respondent/s : Mr. Md. Nadim Seraj, G.P.-5 Mr. Dhurendra Kumar, A.C. to G.P.-5 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

5 13-01-2026 This writ petition in the nature of Public Interest Litigation has been filed by the petitioner seeking for following reliefs:-

"(i) For issuance of an appropriate writ, order or direction commanding the respondent authorities to remove obstruction of government water channel from Brahasthan to house of Rajeshwar Singh situated in village Damodarpur, P.O. & P.S. Sarai, District Vaishali constructed through the Rural Infrastructure Development Fund under State Government scheme sometime in the year 1999 and 2007.

(ii) For issuance of an appropriate writ, order or direction for grant of any other relief or reliefs,which may be deemed fit and proper under the facts and circumstances of the case."

2. In Paragraph Nos. 4 to 9 and 11 of the writ petition, it is stated as follows:-

4. That the brief fact leading to this application is that sometime during the year 1999 to 2007 installation of tube well and construction of water channel were undertaken by Rural Infrastructure Development Fund under State Government scheme, whereby and whereunder in village Damodarpur, under Berai Panchayat, District Vaishali for irrigation purpose government tube well was installed and water channel was constructed and the poor farmers had been coming on utilizing the water channel for watering/irrigating their land for a long time, but in the year 2023 the said water channel was obstructed by filling in soil therein and converting the same into private rasta by some of the influential persons of the vicinity in very village Damodarpur from Brahmasthan to the house of one Rajeshwar Singh for which an application was given to concerned authority.

5. That, on the said application local inspection/enquiry was made by the authority of irrigation department and it was found that obstacle has been made in water channel and the local farmers were facing much more hardship in getting water for their land, but no action was taken under the influence of influential person of said village.

6. That, it is respectfully submitted that water channel was obstructed for benefit of some influential persons of the vicinity as the said water channel was converted into a private rasta and the work of filling in soil in water channel was done under the supervision and direction of the then Member of Panchayat Samiti and ward member that is why another application was given to the Chief Secretary, State of Bihar, Patna for necessary action and a copy thereof was also given to Commissioner, Tirhut Region, Muzaffarpur, The Collector, Vaishali, Land Reforms Deputy Collector, Mahua and Executive Engineer, Minor Irrigation Division, Hajipur for necessary action to get obstacle removed from water channel. 7. That instead of taking proper step and action to get the obstacle removed from water channel the respondent no. 6 issued a Letter no. 619 dated 19.05.2023 addressed to one of villager/farmer namely Raju Kumar Singh stating therein that water channel from Brahmasthan to the house of Rajeshwar Singh got damaged 25 years ago and for making the tube well operational fund has been allotted to panchayat and estimate of channel construction is being prepared, which shall be submitted before competent authority for approval at the earliest and the concerned panchayat has also been instructed that no construction work is to be done on said channel land.

8. That, it is respec