Bhikhari Sah v. The State of Bihar

Patna HC7 Mar 2025CWJC/18194/2024

Case brief

AI extract

What is this about?

Bhikhari Sah v. State of Bihar; Patna High Court; CWJC No. 18194 of 2024; decided 07-03-2025; river Rato embankment; flood-affected petitioner; rehabilitation; RFCTLARR Act, 2013; land acquisition; Sitamarhi (Sursand, Pupri); writ disposed on State's affidavit/undertaking; Ashutosh Kumar ACJ; Partha Sarthy J.

What did the court decide?

Writ petition disposed of on the basis of the State's affidavit that the embankment on both sides of river Rato shall be constructed (land acquisition steps underway) and the petitioner and others shall be rehabilitated in accordance with the RFCTLARR Act, 2013; the Court trusted and hoped the State's promise would be carried out to the fullest. ¶¶26

Bhikhari Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18194 of 2024

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Bhikhari Sah Son of Bhuneshwar Sah Resident of Ward No. 6, Simiyahi, Jadupatti Urf Semra, P.S.- Sursand District Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additinoal Chief Secretary, Disaster Management, Govt. of Bihar, Patna.

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The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

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The District Magistrate, Sitamarhi.

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The Sub Divisional Officer, Pupri, Sitamarhi.

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The Block Development Officer, Sursand, Sitamarhi.

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The Circle Officer, Sursand, Sitamarhi.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Madhusudan Rai, Advocate For the Respondent/s : Advocate General

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====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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4 07-03-2025 The petitioner had approached this Court with a direction to the respondents to make embankment on both sides of river Rato or in the alternative, provide rehabilitation to the petitioner and others who are always hit by the vagaries of the river.

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It appears that a decision has been taken to construct embankment on both sides of river Rato for which necessary steps are being taken for acquiring the land.

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The affidavit filed on behalf of the respondents

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Patna High Court CWJC No.18194 of 2024(4) dt.07-03-2025 2/2

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indicates that the embankment shall be constructed and the petitioner and others shall rehabilitate in accordance with the provisions contained in RFCTLARR Act, 2013.

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