Petitioner sought mandamus to restrain road construction over a canal to protect agricultural irrigation. The court noted the respondents' admission that villagers had representations pending consideration. The writ petition was disposed of on the basis that the representations needed to be examined by the authorities.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10786 of 2025
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Ram Binay Sharma S/o Late Baliram Sharma, R/o Village- Sukiyawan, P.O.Narma (Pin Code- 800020), P.S.- Hulasganj, District- Jehanabad (Bihar).
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Shiw Kumar Prabhakar, Adv For the Respondent/s : Mr. Standing Counsel (28)
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
(i). For issuance of Mandamus to not make
Patna High Court CWJC No.10786 of 2025(3) dt.17-10-2025 2/3
the road (Sukiyawan to Narma Math (Tola) by filling up the "Pyne"/Canal by which the hundreds of Acre of land are irrigated and in absence of the aforesaid "Pyne"/Canal those agricultural lands of the farmers who are mostly small farmers and primarily dependent on the Agriculture for their livelihood/survival would become barren.
(ii) For issuance of direction upon the respondents concerned to change the root/alignment of the road in question (the proposed Sukiyawan to Narma Math (Tola) Road under REO/Rural Works Department, Jehanabad and construct the same through the alternative root, a bit away from the present proposal on Ahra/bandh which also goes from Sukiyawan to Narma Math (tola) through Narma High School.
(iii). For any other relief(s) for which the petitioner would be found entitled by this Hon'ble High Court, Patna in the facts and circumstances of the case.
2. Perusal of the counter affidavit in particularly para
9 it reads as under :-
“9. That the villagers of Sukhiyawan village had made representation before the different authorities of the Government of Bihar and requested to stop
Patna High Court CWJC No.10786 of 2025(3) dt.17-10-2025 3/3
the construction of above mentioned road which are being constructed by filling up the Sukhiyawan pyne/canal. Vide Representation dated 27.11.2023, the present Petitioner along with other villagers made representation before the Executive Engineer, Irrigation Division, Udera Asthan and requested to stop the construction of above mentioned road which are being constructed by the Rural Works Department, Government of Bihar. The Petitioner as well as villagers also mentioned in his representation that due to construction of above mentioned road the irrigation of their land will be affected badly as the Sukhiyawan pyne/canal will be closed after construction of above mentioned road.
respondents, the present petition does not survive for consideration. Accordingly, writ petition stands disposed of. Pending I.A.s, if any, stands disposed of.
(P. B. Bajanthri, CJ)
(Alok Kumar Sinha, J)
kiran/- U
1 issue framed by the court
Whether the road construction by filling up the pyne/canal should be stopped to protect agricultural irrigation.
Ram Binay Sharma
The State of Bihar
The Additional Chief Secretary, Rural Works Department
The Additional Chief Secretary, Water Resources Development Department
The Principal Secretary, Water Resources Development Department
The Principal Secretary, Rural Works Department
P. B. Bajanthri
Alok Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
