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 & Ors.

... ... Respondent/s ======================================================

Appearance :

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

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

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

7 20-02-2026 In compliance with the order dated 28.01.2026, a supplementary counter affidavit has been filed on behalf of the respondents no. 2 and 8, duly sworn by one Sunil Kumar, Chief Engineer, M.W.R.D. Muzaffarpur, wherein it has been stated as follows:-

5. That with regard to query made by the Hon'ble Court in paragraph 3 and 4 of the aforesaid order dated 28.01.2026, it is stated humbly that time to time the State Govt. launches schemes for grant of financial aid and assistance to the farmers for installing private tube wells so that they could be self-depended for irrigation purposes. In that course "Bihar Shatabdi Niji Nalkoop Yojna was implanted during the period 2015 to 2022 in which a sum of Rs.97.10 crore was distributed among total 42171 farmers for installing private tube wells.

6. That it is stated further that Mukhyamantri Niji Nalkoop Yojna was launched in the year 2023 under 'Sat Nishchay Part-2' (Seven Resolutions) of the State Government and a sum of Rs.202.00 crore has been distributed among total 35000 farmers for installing private tube wells in the first phase of implementation of this scheme. The implementation of this scheme is proposed for next five years.

7. That it would be evident from the aforesaid facts that the State Government has taken necessary steps for grant of financial aid and assistance to the farmers for installing private tube wells so that they could be self-

depended for irrigation purposes.

2. The learned counsel for the petitioner has filed a reply to the earlier counter affidavit submitted on behalf of the respondents no. 2 to 8. In paragraphs 4 to 8, it has been stated as follows:-

“4. That the present Writ Application has been filed by the petitioner before the Hon'ble Court by way of public interest litigation seeking direction respondent authorities to to the remove obstruction of government water channel from Brahmsthan to house of Rajeshwar Singh situated in village Damodarpur, P.S.-Sarai, District- Vaishali which had been constructed through Rural Infrastructure Development Fund under State Government scheme in the year 1999 and 2007 and for any other relief(s) for which petitioner is entitled for in the facts and circumstances of the case.

5. That before giving Paragraphs wise reply, it is deemed appropriate to bring on record the relevant facts which are necessary for adjudication of present case. The answering Respondent however reserves his right to file detailed Counter Affidavit as and when required or as directed by the Hon'ble Court.

6. That it is stated that earlier a counter affidavit was filed in this case on behalf of Respondent No. 8 and the same was not found to be accepted. Hence, this Paragraph wise counter affidavit is being filed pursuant to order dated

13.01.2026 passed by the Hon'ble Court.

7. That it is stated further that in the light of order dated 13.01.2026 passed in the present case, the District Magistrate, Vaishali constituted an enquiry committee vide order contained in Memo No. 163 dated 16.01.2026. The said committee made local inspection of the site and submitted its report vide Letter No. 86 dated 20.01.2026.

8. That it would appear from the aforesaid enquiry report that the Govt. Tube Well situated in village Damodarpur, P.S.-Sarai, District- Vaishali was installed in 1960s and its water channel was constructed in the length of about 2-2.5 km. But in due course of time surrounding lands