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2025 DAILYLAW 71026 (PAT)

Ram Awtar Sahni and Anr v. The State Of Bihar and Ors

CWJC/16363/2018 · 2025-04-07

Sunil Dutta Mishra

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16363 of 2018 ====================================================== 1. Ram Awtar Sahni S/o Suba Sahni, R/o Village- Lachumanwa, P.O.- Saunaha, P.S.- Palanwa, District- East Champaran, Motihari. 2. Raxaul Prakhand Matasyajivi Sahyog Samiti Ltd. Raxaul through its Secretary Ram Awtar Sahni. ... ... Petitioner/s Versus 1. The State Of Bihar through Principal Secretary of Animal Husbandry and Fisheries Department, Bihar, Patna. 2. The District Magistrate, East Champaran, Motihari. 3. The Sub Divisional Officer, Raxaul, East Champaran, Motihari. 4. The District Fisheries Officer Cum Chief Executive Officer, East Champaran. 5. The Circle Officer, Block Raxaul, District East Champaran, Motihari. 6. The Officer Incharge of Raxaul Police Station, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Respondent/s : Mr. Rishi Raj Sinha – SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 07-04-2025 Heard learned counsels for the parties. 2. In the present writ petition petitioners have prayed for issuance of writ of mandamus directing the respondent no. 2 to take action for vacating the encroachment on Govt. Jalkars which has been settled with the petitioner society in Raxaul Prakhand by Respondent No. 4 on the basis of reserve jama and thereafter registered agreement has been executed between Respondent No. 4 and petitioner society but approximately 40 to 50% area of each jalkar has been occupied by the outsiders and Patna High Court CWJC No.16363 of 2018(2) dt.07-04-2025 2/2 they are making house, hut on the bhinda (boundary) of the said jalkars. Those outsiders have filled up the jalkars with bricks, garbage, soil and drainage water are also falling in the ponds, by which fishes are dying. Hence, petitioners have filed several applications before Respondent No. 2, 3 and other authorities, but no action has been taken by any authority. 3. Learned counsel for the petitioners submits that this case may be disposed with liberty to the petitioners to file detailed application before the Circle Officer, Block Raxaul, District- East Champaran, Motihari/ Respondent No. 5 for redressal of their grievance. 4. Learned counsel for the State has no objection to this prayer of the petitioners. 5. In view of the submission of learned counsel for the petitioners, this case is disposed of with liberty to the petitioners as prayed for. rakhi/- (Sunil Dutta Mishra, J) U