IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17668 of 2022 ====================================================== Parshuram Prasad, S/o- Ganga Sagar Prasad, Resident of Village- Lakhanura, P.S.- Lakri Naviganj (OP), Dist.- Siwan, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna. 2. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3. The Principal Secretary, Public Health and Engineering Department, Govt. of Bihar, Patna. 4. The Commissioner, Saran at Chapra. 5. The District Magistrate, Siwan. 6. The Additional Collector (Public Complaint Redressal), Siwan. 7. The Sub Divisional Public Complaint Redressal Officer, Maharajganj, Siwan. 8. The Block Development Officer, Lakri Naviganj, Siwan. 9. The District Panchayat Raj Officer, Siwan. 10. Umesh Kumar Chauhan, S/o Late Vijay Chauhan, Ward Chairman cum Chairman Ward Kriyanwayan and Prabandh Samiti, Ward No.- 10, Panchayat- Lakhnaura, P.S.- Lakri Naviganj OP, Distt.- Siwan. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate Mr. Dhananjay Mishra, Advocate For the Respondent/s : Mr. Ajay ( GA-5 ) Mr. Rakesh Kumar Ranjan, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 04-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief(s):- “ 1. For issuance of appropriate writ(s) thereby commanding and directing the respondent No. 5 The district magistrate Siwan (The second appellate authority) to get implemented his order dated 3.9.2021 Patna High Court CWJC No.17668 of 2022(2) dt.04-11-2025 2/5 passed by him in case No. 516210323021902161/2A (Parshuram Prasad versus the Block development officer Lakri Naviganj) filed under Bihar Lok shikayat Nivaaran Adhikar Adhiniyam 2015 by which Respondent No. 8 The Block Development Officer Lakri Naviganj, Siwan has been directed to take legal action against the Respondent No. 10 as per order dated 24/8/2019 passed by the Respondent No. 6 (The First Appellate Authority) as said Respondent No. 10 illegally consented to donate Petitioner's share of land bearing khata No. 240, survey plot No. 1893 and 1896, Area 1 kathha 3 dhurs at Mauja- Lakhnawra, Siwan despite knowing the fact that said land is under litigation in title suit No. 113 of 2002 pending in the court of Sub Judge V. Siwan and which has been stayed vide order dated 18.12. 2015 passed in CWJC No. 5366/2014 by this Hon'ble Court and the matter is still sub judice. II. For consequently directing the concerned Respondents to remove the water storage tank constructed under Har Ghar Nal Jal Yojana from the petitioner raiyati land bearing khata No. 240 survey plot No. 1893 and 1896 Area 1-0-3 at Mouza Lakhnaura, Siwan which is subject matter under litigation in Title suit No. 113/2002, pending in the court of Sub Judge V Siwan and to Shift the said water storage tank to some other undisputed plot of land at Lakhnaura Panchayat. III. For taking appropriate Legal action against the respondent No. 10 and responding No. 8 who have connived together to dispossess the petitioner from the said land and have also attempted to reach in contempt of the order and direction dated 18.12. 2015 of this Hon'ble Court passed in CWJC No. 5366 /2014 staying the further proceeding in the Title suit. IV. For grant of any other relief relief(s) which the Petitioner maybe entitled to in the facts and Patna High Court CWJC No.17668 of 2022(2) dt.04-11-2025 3/5 circumstances of this case.” 2. Mr. Ashok Kumar, learned counsel appearing for the petitioner and Mr. Rakesh Kumar Ranjan, learned AC to GA-5 appearing for the State-Respondents are present and they are heard. 3. The main grievance of the petitioner is that the construction of a water storage tank under ‘Har Ghar Nal Jal Yojana’ Scheme has been done upon the petitioner's raiyati land pertaining to Khata No. 240, Survey Plot No. 1893 and 1896, Area- 01 Kattha 03 Dhurs at Mauza- Lakhnaura, Siwan which is also subject matter in Title Suit No. 113/2002 pending in the Court of Sub Judge-V, Siwan. As per petitioner's counsel, the said construction has been done on account of an illegal consent given by respondent no.10 who was the then Ward Chairman- cum- Chairman Ward Kriyanwayan and Prabandh Samity, Ward No.10. 4. It is submitted by the learned counsel appearing for the State-Respondents that, though it is an admitted position that respondent no. 10 wrongly gave his consent as well as gave incorrect information regarding the availability of the land upon which the construction of the water storage tank was made and concealed the relevant facts, particularly regarding the dispute Patna High Court CWJC No.17668 of 2022(2) dt.04-11-2025 4/5 of title between respondent no. 10 and the petitioner, after receiving information of the said fact, the District Magistrate, Siwan, Second Appellate Authority, directed the Block Development Officer, Lakri Nabiganj, to take legal action against respondent no. 10, upon which an FIR bearing Lakri Nabiganj P.S. Case No. 45 of 2023 dated 02.02.2023 has been lodged against the said respondent. Further, as per the inquiry report of the Circle Officer, Lakri Nabiganj, 03 dhur of land of Survey Plot No. 1893 has been used in the construction of the water storage tank, and the Jamabandi of the said khata stands in the name of Gopichand Mahto, who acquired the same through a sale deed, and respondent no. 10 is a legal heir of the Jamabandi raiyat, namely, Gopichand Mahto. 5. After hearing both sides, this Court is of the view that the construction of the alleged tank has been done on account of giving wrong information as well as consent by respondent no. 10, for which necessary legal action has been taken by the concerned District Magistrate by lodging an FIR against respondent no. 10. So far as removing the said construction as well as getting compensation is concerned, it will be proper to make a prayer before the Civil Court where Title Suit No. 113/2002 is pending, as the issue of title between Patna High Court CWJC No.17668 of 2022(2) dt.04-11-2025 5/5 the petitioner and respondent no. 10 is sub judice, and for redressing the petitioner’s grievances, the best forum is the Civil Court (where the Title Suit is pending), and at this stage, this Court is not persuaded to invoke its writ jurisdiction to redress the petitioner’s grievances. 6. Accordingly, the instant writ petition stands disposed of with giving direction to the petitioner to pursue the Title Suit No. 113/2002. maynaz/- (Shailendra Singh, J) U