Disposed¶27

Ajay Paswan @ Vijay Paswan v. The State Of Bihar and Ors.

Patna HC2 Dec 2025CWJC/24713/2018

Case brief

AI extract

What is this about?

Patna High Court CWJC No.24713 of 2018, Ajay Paswan @ Vijay Paswan v. State of Bihar & Ors., decided 02-12-2025, Rajiv Roy, J. Keywords: easement/easmentary right; blocking of drainage water; use of way; private dispute; remedy before competent Civil Court; maintainability in writ jurisdiction; liberty to approach appropriate authority; writ petition disposed; Phulwarisharif; Land Measurement Record No. 29/2015-16; order dated 25.11.2015.

What did the court decide?

Liberty to the petitioner to take recourse by filing an appropriate petition before the appropriate authority/competent court for redressal of the grievance; the writ petition is disposed of accordingly. ¶27

Ajay Paswan @ Vijay Paswan Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24713 of 2018

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======================================================

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Ajay Paswan @ Vijay Paswan son of Krishna Paswan, resident of VillageSouth Sangat, P.S. - Phulwarisharif, District- Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District Magistrate, Patna.

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The Sub Divisional Magistrate, Patna.

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The Circle Officer, Phulwarisharif, District - Patna.

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The Officer-in-Charge, Phulwarisharif, District - Patna.

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Suraj Paswan, son of Rajendra Paswan, resident of Village- South Sangat, P.S.- Phulwarisharif, District - Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Mishra, Advocate For the State : Mr. Sajid Salim Khan, SC-25 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 02-12-2025 Heard the parties.

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The present petition has been preferred for the

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grant of following relief(s):

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“for issuance of direction to the respondent nos. 4 and 5 The Circle Officer, Phulwarisharif as well as Officer-in-Charge, Phulwarisharif with effect that the private respondent no.6 Suraj Paswan did not violate easmentary right of the petitioner by way of Blocking the water of drainage and use of way., which is make him order dated 25.11.2015 passed in Land Measurement Record No.

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Patna High Court CWJC No.24713 of 2018(2) dt.02-12-2025 2/2

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29/2015-16. by the Circle Officer,

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Phulwarisharif on the land in Mauza Phulwari bearing Tauji No. 5190, Khata No.801, Plot No. 2348 area 0-1-0(One katha).”

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At the outset, learned State counsel submits that it

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is a private dispute between the parties relating to the movement of the drainage water and the same can be adjudicated before an appropriate authority/competent Civil Court and not in the writ jurisdiction.

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This Court has gone through the prayer and has to take note of the submissions put forward by learned State counsel.

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At this stage, learned counsel for the petitioner submits that he shall be taking recourse by filing an appropriate petition before appropriate authority/competent court for the redressal of the grievance.

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Granting said liberty, the writ petition is disposed

of.

(Rajiv Roy, J)

vinayak/-

Ajay Paswan @ Vijay Paswan v. The State Of Bihar and Ors.

Case brief

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Ajay Paswan @ Vijay Paswan v. The State Of Bihar and Ors.

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