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
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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:-
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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
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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
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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.”
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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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