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2025 DAILYLAW 99701 (PAT)

Dhruv Mishra v. The State of Bihar

CWJC/7791/2025 · 2025-09-12

Alok Kumar Sinha, P B Bajanthri

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7791 of 2025 ====================================================== Dhruv Mishra S/o Late Parichan Mishra, R/o Village and P.O.-Rampur Daud, District-Gopalganj, Bihar and presently residing at Rajiv Nagar, Mata Road, Ward No. 14, Block and District-Gopalganj. ... ... Petitioner/s Versus 1. The State of Bihar through the Principle Secretary, Land and Revenue Department, Govt. of Bihar. 2. The Principle Secretary, Urban Development, Govt. of Bihar. 3. The District Magistrate, Gopalganj. 4. The Sub Divisional Officer, District Gopalganj. 5. The Officer on Special Duty, District Collectoriate, Gopalganj. 6. The Circle Officer, Gopalganj. 7. The Executive Officer, Nagar Parishad, Gopalganj. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Srivastava, Advocate Mr.Keshav Krishna, Advocate For the State : Md.Zeeshan Kalim, Ac to Sc 20 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 2 12-09-2025 In the instant petition, petitioner has prayed for the following relief(s):- “A. For the issuance of a writ/writs or order/orders in the nature of Mandamus, directing/commanding the Respondents to consider the Petitioner's representations dated 16.01.2023, 02.06.2023, 13.08.2024, and 30.09.2024, concerning the illegal construction carried out by encroachers over the government nala (drain) from Banjari Chowk towards the south of Gopalganj Town. Due to this illegal encroachment, the flow of the nala has been obstructed and completely blocked, posing a threat of waterlogging in Ward Nos. 14 and 30, as well as in the vicinity of the Collectorate, Gopalganj. Patna High Court CWJC No.7791 of 2025(2) dt.12-09-2025 2/2 B. For issuance of writ/writs, order/orders in the nature of Mandamus directing/commanding the Respondent No. 5 and 6 i.e. The Circle Officer, Gopalganj and The Executive Officer, Nagar Parishad, Gopalganj to take response on the letter no. 1609 dated 14.08.2019 issued by the Respondent No. 4 i.e. the Sub- Divisional Officer, Gopalganj with respect to illegal construction over the government nala (drain). C. For the issuance of a writ/writs or order/orders in the nature of Mandamus, directing/commanding the Respondent to construct a Pucca Nala over the existing government nala, which has been encroached upon by illegal encroachers. D. Pass such other Order/Orders as your Lordships may deem fit and proper.” 2. There is a certain internal correspondence among the officials as is evident from Annexure-P/4 dated 02.03.2023. Therefore, District Magistrate, Gopalganj is hereby directed to take appropriate action and complete the proceedings within a period of three months from the date of receipt of this order. 3. With the above observations, the present CWJC No. 7791 of 2025 stands disposed of. abhishekkr/- (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) U