IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14620 of 2018

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Amit Kumar, son of Dhaneshwar Prasad, resident of Village- Belghoghar,

P.O.- Binda, P.S.- Barachatty, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Work Department,

5^th Floor Vishveshwarya Bhawan, Bailey Road, Patna.

2.

The Engineer-in- Chief, Rural Work Department, 5th Floor Vishveshwarya

Bhawan, Bailey Road, Patna.

3.

The Executive Engineer, Rural Work Department, Sherghati Division, Gaya.

4.

District Magistrate cum Collector, Gaya.

5.

The Deputy Development Commissioner, DDC, Gaya.

6.

The SDO, Sherghati, Gaya.

7.

The Circle Officer, Barachatti, Gaya.

8.

The Circle Officer, Dobhi, Gaya.

9.

The Mukhiya, Gram Panchayat Raj, Binda Panchayat, Block- Barachatti,

District- Gaya.

10.

The Mukhiya, Gram Panchayat Raj, Bajaura Panchayat, Block- Dobhi,

District- Gaya.

11.

The Manager, M/s Ajad Construction, office situated at Sundar Kumhari,

P.O.- Kurmawa, District- Gay

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Rajesh Kumar Sharma, Advocate.

For the Respondent/s

:

Mr.Pushkar Narain Shahi – AAG 6

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-12-2020

Petitioner has prayed for the following relief(s):-

“A. For the direction upon the concern respondent

authority to stop and remove the illegal,

indiscriminate construction of road from Selari Bind

to Pipradih situated under Panchayat Raj Binda,

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Block- Barachatti district Gaya, the aforesaid road

built and construct upon a water channel (PYNE)

which is used by the farmers of concern locality for

the purpose irrigation of crops since long

immemorial time, but Rural work Department, Govt.

of Bihar who Work under the Ministry of rural

Development, Govt. of India under scheme of

PMGSY (Pradhan Mantri Gram Sadak Yojna),

allotted a tender to respondent no. 11 vide

Contract/Agreement No. 86/SBD/2017-18 for the the

Construction of aforesaid road without considering

the interest of large number of farmers of concern

locality Whose irrigation of crops completely

depends upon the said water channel.

B. For the direction upon the concern respondent

authority to abstain from the act of merging the area

of water channel (PYNE) into aforesaid road

construction and further direct to appoint Anchal

Amin for measurement of whole area of water

channel (PYNE) which emerges from river Gulshakri

and passes through villages like Serwan, Belghoghar,

Dahiyar and Salempur etc.

C. For direction to stay or maintaining status quo

of the construction of aforesaid road built upon the

water channel (PYNE) till the disposal of the present

writ application.

D And for any other reliefs/reliefs for which the

petitioners are found to be entitled under the

provision of law involved in the present case.”

On 20.02.2020, we have passed the following order:-

“The SDO Sherghati, Gaya (respondent no.6)

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shall after visiting the Spot, and ascertaining the

factual position with regard to alleged encroachment

and the construction shall file affidavit within eight

weeks. It shall be open to the authorities to make

necessary correction in the revenue records,

obviously has to be in accordance with law, also the

officer shall ensure all the encroachments over public

water body be removed. Insofar as road which stands

constructed under the Pradhan Mantri Gram

Sadak Yojna is concerned, the authorities shall take

appropriate action for correction of the revenue