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Patna High Court

Manisha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the removal of any encroachment or illegal construction on the water body and directed restoration within two months, thereby disposing of the writ application.

Summary

Four villagers filed a public interest litigation seeking the removal of an illegal encroachment on a water tank (Ahar) in Chaprehat village, alleging that a Yatri Shed had been constructed over the water body under Scheme No. 79 with a No‑Objection Certificate issued without proper verification. The petitioners claimed the construction violated a 2016 government policy directing removal of encroachments on water bodies and cited a prior High Court order in Ram Punit Chaudhary v. State of Bihar. The respondents filed a counter‑affidavit stating that the land in question was not mentioned in the relevant report and denied any collusion. The Court, after considering the submissions, directed the respondents to remove any encroachment or illegal construction and restore the water body within two months, and disposed of the writ application. The order emphasizes the duty of state authorities to protect water resources and enforce prior policy directives.

Issues considered

  • Whether the construction of the Yatri Shed over the Ahar water body constitutes illegal encroachment violating statutory and policy directives.
  • Whether the respondents can be compelled, under a writ, to remove the encroachment and restore the water body.
  • Whether the petitioners have locus standi to file the PIL on behalf of the villagers.
  • Whether the issuance of a No‑Objection Certificate without verification of land records is unlawful.

Subjects

  • water body encroachment
  • public interest litigation
  • illegal construction
  • environmental protection
  • land revenue law
  • restoration order
  • NOC
  • government scheme
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.17552 of 2025
                 ======================================================
           1.     Manisha Kumari, Wife of Rajendra Chaudhary, Resident of Village-
                  Chaprehat, Police Station-Nemdarganj, Block - Akabarpur, District -
                  Nawadah.
           2.    Santosh Kumar, Son of Rup Lal Prasad Yadav, Resident of Village-
                 Chaprehat, Police Station-Nemdarganj, Block - Akabarpur, District -
                 Nawadah.
           3.    Ajit Kumar, Son of Karu Yadav, Resident of Village-Chaprehat, Police
                 Station-Nemdarganj, Block - Akabarpur, District - Nawadah.
           4.    Bakhori Yadav, Son of Late Kishun Yadav, Resident of Village-Chaprehat,
                 Police Station-Nemdarganj, Block - Akabarpur, District - Nawadah.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The Divisional Commissioner, Magadh Division, Gaya.
           4.    The District Magistrate, Nawadah.
           5.    The District Co-operative Officer, Nawadah.
           6.    The Deputy Development Commissioner, Nawadah.
           7.    The Block Development Officer, Akbarpur, District-Nawadah.
           8.    The Circle Officer, Akbarpur, District-Nawadah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Arun Kumar, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel-28
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

5   06-01-2026                 Heard learned counsel for the parties.

                               2. The present writ application has been filed in the

                   form of a Public Interest Litigation (PIL) for the following

                   reliefs:-
Patna High Court CWJC No.17552 of 2025(5) dt.06-01-2026
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                         “(i) For issuance of appropriate order/direction
                         upon the Respondents concerned to remove the
                         encroachment made over water bodies which is
                         Aahar (Water Tank) situated over Khata No. 123,
                         corresponding Plot No. 177 total Area 012 Acre &
                         0.486 decimal situated in Village- Cheprehat under
                         Anchal-Akbarpur, District- Nawadah, which has
                         legally encroached by the Govern Agency itself
                         and under Government Yojna N. 79.
                         (ii) 2023-2024 "Yatri Shed is being constructed
                         within bed of water bodies which has completely
                         stopped the ingress and ougress of water from Ahar
                         causing much inconvenience to the common
                         villagers as this water bodies is only source of
                         irrigation of Paddy crops of villagers as well as
                         cattle drinking for common villagers and despite
                         having raised protest by way of apprising to all the
                         Respondents concerned till date no action has been
                         taken.
                         (iii) For further direction upon the Respondents
                         concerned to stop the construction made under
                         Scheme No. 79/2023-24 and restore the water
                         bodies i.e. Ahar as mentioned in R.S. Khatiyan in
                         its original shape after removing the illegal
                         construction made over water bodies at the
                         instance of some influential persons in collusion
                         with Respondent Circle Officer who has issued
                         NOC (No objection Certificate) for making
                         construction without verifying the C.S. Khatiyan
                         records related to lands in question.
                         (iv) For further direction upon the Respondents
                         concerned to take appropriate action against erring
Patna High Court CWJC No.17552 of 2025(5) dt.06-01-2026
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                         officials on whose approval construction of Yagri
                         Shed is being made over water bodies contrary to
                         Government Policy decision itself vide Letter No. 6-
                         15/16-884(6) dated 22.08.2016 issued from the
                         level of Respondent No. 2 directing the all
                         Divisional Commissioner and District Magistrate
                         of entire State of Bihar to identify the water bodies
                         and remove the encroachment made over it and
                         upload the same to the Website of District in
                         pursuant to order passed by this Hon'ble Court in
                         C.W.J.C. No. 9662 of 2015 (Ram Punit Chaudhary
                         Versus State of Bihar and others) which has
                         ultimately been disposed of vide order dated
                         21.07.2023 despite that Respondent authorities
                         have allowed to illegal construction made over
                         water bodies which is against the policy decision of
                         State itself.
                         (v) Any other order/orders for granting any other
                         relief/reliefs for which the petitioners are found
                         entitled to in the facts and circumstances of this
                         case.”


                      3. A counter affidavit has been filed on behalf of

          Respondent Nos. 4 and 8. The relevant statements made in

          paragraph Nos. 8, 9 and 10 of the said counter affidavit have

          been brought to our notice, which are being extracted

          hereinbelow:

                         “8) That, at outset, it is being stated and submitted
                         that Vide Letter No.-1305 dated 17.10.2023, the
                         then Circle Officer, Akbarpur has sent a report to
Patna High Court CWJC No.17552 of 2025(5) dt.06-01-2026
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                         the      respondent        No.-6     in       regard     to
                         availability/feasibility of land with Khata and Plot
                         numbers for the recommended schemes of the
                         members of the District Board, Nawada under the
                         Tied and Untied fund of 15th Finance Commission.
                                  In the said report, at serial no.7, the then
                         Circle Officer, Akbarpur has reported for Mauza-
                         Chaprehat Thana No.-319 Khata No.124 Plot No
                         179 Area-45 Decimal Nature-Bandh Holder-
                         Anabad Sarvasadharan with the remark that the
                         proposed land is having its nature as "Bandh" and
                         under Holding of "Anabad SarvaSadharan" and the
                         decision can be taken in terms of the letter no.
                         655(6)/Rev. dated 16.06.2016 of the Revenue and
                         Land Reforms Department in respect of the
                         construction of Yatri Shed in the village-Chaprehat
                         near the statue of "Bajarbali" with the Gram
                         Panchayat of Ledaha.
                         9) That, from the perusal of the aforesaid report
                         dated 17.10.2023, it is apparent that the then Circle
                         Officer, Akbarpur         has    neither    reported nor
                         mentioned the land in question i.e. the land
                         appertaining to Muza-Chaprehat Khata No.123
                         Plot No. 177 Area 12 Decimal the construction of
                         Yatri Shed in the village-Chaprehat and therefore,
                         the allegation of collusion of the Respondent No.-8
                         is apparently bald and baseless.
                         10) That, it is being humbly stated and submitted
                         that the grievance(s) of the petitioners shall duly be
                         redressed     by    the    answering       respondents   in
                         accordance with law related thereto after a due
                         enquiry in the matter within two months.”
          Patna High Court CWJC No.17552 of 2025(5) dt.06-01-2026
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                                4. Considering the statements made in the counter

                    affidavit and the submissions advanced by the learned counsel

                    for the petitioners, the respondent authorities are directed to

                    remove the encroachment/illegal construction, if any, over the

                    water body in question and to carry out the necessary restoration

                    work thereof, within a period of two months, from the date of

                    receipt/production of a copy of this order.

                                5. With the aforesaid observation and direction, the

                    present writ application stands disposed of.

                                6. Pending application(s), if any, shall stand disposed

                    of.



                                             (Sudhir Singh, ACJ)


                                           (Rajesh Kumar Verma, J)
Sujit/-

U


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