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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16655 of 2025

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Suresh Paswan

... ... Petitioner/s

Versus

The State of Bihar & Ors.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate

For the Respondent/s : Mr. Government Pleader (05)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

6 28-01-2026 In terms of the order dated 13.01.2026, learned

counsel for the State has filed the counter-affidavit wherein

paragraph nos. 6,7,8 and 9 it is stated as follow:

“6. That it is stated that the

Govt. Tube Well situated in village

Damodarpur, P.S.- Sarai, District-

Vaishali is in running condition.

Under a policy decision of the State

Government as notified by the Minor

Water Resources Department, Bihar,

Patna vide Resolution No. 992 dated

04.02.2019, all Govt. Tube Wells have

been handed over to the concerned

Gram Panchayats for their operation,

maintenance and realization of

irrigation charge.

Patna High Court CWJC No.16655 of 2025(6) dt.28-01-2026

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7. That it is stated further

that as per provision made in

Paragraph 6 (Tha) of the aforesaid

resolution, the concerned Gram

Panchayat may take required fund

from MANREGA or any other scheme

for construction of water channel etc.

if so required so that more farmers

could avail irrigation facility from the

Govt. Tube wells.

8. That under the aforesaid

circumstances, the concerned Gram

Panchayat is authorized to re-

construct the water channel in

question which was demolished by the

local public long ago. As such the

petitioner may approach before the

concerned Gram Panchayat for re-

construction of said water channel

through MANREGA or any other such

scheme.

9. That in view of the

aforesaid facts, the writ application

under reply may be disposed of.”

2. On going through the aforesaid paragraphs, we find

that the water channel, which was constructed over a length of

about 2 to 2.5 km, has become non-functional during the last

several years and in the course of time, the surrounding lands

Patna High Court CWJC No.16655 of 2025(6) dt.28-01-2026

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were developed into residential areas, therefore, the water

channel is now non-existent in different places, and in some

places it is lying in a dilapidated condition. It further appears

that the Government tubewells have become negligible.

However, it is stated that some farmers have installed private

tubewells for irrigation. When we queried from the learned

counsel for the State as to whether all farmers who depend on

agriculture to sustain their livelihood have private tubewells for

irrigation purposes, the answer was in negative.

3. When we made a further query as to whether any

scheme was formulated by the Government to render financial

assistance to those farmers who are incapable of installing the

private tubewells on their own, the learned counsel for the State

seeks time to take instruction in that respect and file a response.

4. Though, the learned counsel for the State placed

before us the scheme which is annexed to the counter-affidavit

as Annexure- R2/C, but there is nothing in the counter-affidavit

as to how many poor farmers have been provided with such

benefits of having the tubewell of their own to carry out the

agricultural function.

5. The learned counsel for the State shall obtain

specific instruction in that respect and file a detailed reply.

Patna High Court CWJC No.16655 of 2025(6) dt.28-01-2026

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6. List this matter on 20.02.2026.

(Sangam Kumar Sahoo, CJ)

( Bibek Chaudhuri, J)

mdrashid/Suraj/-

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