Patna High Court
Dulari DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the demand for diversion of water through a sluice gate is technically infeasible and therefore the petition lacks merit, leading to its dismissal.
Summary
The petition was filed by Dulari Devi, Chairperson of Zila Parishad Jamui, seeking a court order directing the State of Bihar to construct a sluice gate on the Bahuar River as part of the Kundghat Reservoir Project so that water could be diverted to the north‑eastern villages of Sikandra Block. The petitioner alleged that the dam’s design favoured the southern command area, leaving 40‑50 thousand residents in the eastern side without irrigation and causing barren land. The respondents, represented by the Water Resources Department, submitted a counter‑affidavit stating that the project was designed on the basis of detailed technical surveys, that water flow to the eastern side is not feasible due to topography and gravity flow constraints, and that future irrigation will be provided through the renovation of the Upper Kiul Main Canal. The court examined the technical submissions and held that the issue of water diversion is a matter of technical feasibility best left to engineers, and found no merit in the public‑interest litigation. Consequently, the writ petition was dismissed and the case was disposed of.
Issues considered
- Can the court compel the State to construct a sluice gate and divert water to the north‑eastern villages of Sikandra Block?
- Does the alleged irreparable loss to 40‑50 thousand residents give rise to a cause of action in a public interest litigation?
- Are technical feasibility considerations a bar to judicial intervention in irrigation projects?
Subjects
- public interest litigation
- water resources
- irrigation
- technical feasibility
- administrative law
- environmental law
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20331 of 2025
======================================================
Dulari Devi, Wife of Guddu Yadav, at present Chairman Zila Parishad Jamui,
Resident of Village- Borar, Sikandra, P.S. Shikandra, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Water Resources Department, Govt. of
Bihar, Patna.
2. The Additional Secretary, Water Resources Department, Govt. of Bihar,
Patna.
3. The Technical Advisor, Water Resources Department, Govt. of Bihar, Patna.
4. The Engineer in Chief Head Quarter, Water Resources Department, Govt. of
Bihar, Patna.
5. The Engineer in Chief (Irrigation Creation), Water Resources Department,
Govt. of Bihar, Patna.
6. The Chief Engineer, Planning and Monetring, Water Resources Department,
Govt. of Bihar, Patna.
7. The Chief Engineer, Master Planning Investigation and Project Preparation,
Water Resources Department, Govt. of Bihar.
8. The Director, Water Resource and Irrigation Department, Govt. of Bihar,
Patna.
9. The District Magistrate, Jamui, P.S. and District- Jamui.
10. The Superintending Engineer, Irrigation Department, Bhagalpur, P.S. and
District- Bhagalpur.
11. The Executive Engineer, Minor Irrigation Jamui, P.S. and District- Jamui.
12. The Sub-Divisional Officer, Nawabganj Minor Irrigation Officer, P.S.-
Sikandra, District-Jamui.
13. The Executive Engineer, Water Resources Department, Sikandra, Jamui P.S.
and District- Jamui.
14. The Project Manager, Kundghat, P.S.- Sikandra, District- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Dr. Anjani Pd. Singh, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
2/11
Date : 10-04-2026
The present writ petition by way of a Public
Interest Litigation has been filed by the petitioner Dulari Devi
seeking for construction of sluice gate towards Bahuar Canal
with regard to Kurdghat reservoir construction in order to save
the irrigation at Northern Eastern side of the Shikandra Block
(Jamui) towards Kodasi Jagdishpur to Raghunathpur village
otherwise it would cause irreparable loss to the 40-50 thousands
people of Sikandra Block, with a further prayer to direct the
respondents to provide water in Bahuar river also otherwise it
would be fatal to several panchayats under Shikandra Block and
for further direction to the respondents to divert the water in
proportion of the land to save several panchayats in the down
water level and to prevent the land being barren land.
2. The case of the petitioner is as follows:
“(i). That Kurdghat Jalashya
Yojna / Kurdghat Reservoir Project is a
dream project of the Water Resource
Department under Jamui District. It has
to be constructed approximately 351
meters long and 41 meter high dam across
the Bahuar River in Shikandra Block
under Jamui District to provide irrigation
facilities to drought prone area in Jamui
District for boost agricultural activities.
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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(ii). That the petitioner is the
supporter of the dam project but the
petitioner only wants proportionate
distribution of water for her jurisdiction.
She learnt that the dam has given water to
Mathurapur Main Canal on the Southern
side while the aforesaid dam has
neglected Bahuar river and towards Sable
Bigha and Kodasi Village Panchayats,
which will cause great loss to several
panchayats.
(iii). That the several
Mukhiyas of the panchayats like Pole
Sablebigha, Bhullo and Pramukh of the
Shikandra Block namely Usha Devi wrote
letter to petitioner, who is the Chair
person, Zila Parisad Jamui to open the
Slice gate towards Bahuar River and they
became aggrieved as their land has
become barren.
(iv). That hundreds of local
aggrieved persons have written letter to
the Chairperson of the Zila Parisad of
Jamui for redressal of their grievances in
regard to irrigation of their lands and to
save the land from being barren,
otherwise people would be on the verge of
starvation like Faguni Prasad Yadav,
Santosh Paswan, Nand Kishore Keshri.
(v). That thereafter the
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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petitioner wrote letter vide letter no.
51/2025 on 11.02.2025 to the Chief
Engineer, Water Resources and Irrigation
Department, Govt. of Bihar, Patna and
Principal Secretary, Govt. of Bihar vide
letter no. 52/2025 dated 11.02.2025 and
gave reasons that if the respondents
disturb Bahuar river, forty to fifty
thousand citizens would be aggrieved but
till today, no action has been taken with
regard to the locality concerned.
(v). That the petitioner has
also annexed a Nazri Nakasha of the
locality and it appears that the Sluice
Gate towards Mathurapur Main Nahar
Blocks the Bahuar River and that the
respondents are neglecting the
farmers/lands, who were earlier
beneficiaries from the water.”
3. When the matter was taken up on 18.02.2026,
learned counsel for the State took time to file counter affidavit
and accordingly counter affidavit has been filed on behalf of the
respondent nos. 1 to 8 and 10 to 13 by one Ravi Shekhar
Sharma, Executive Engineer, Irrigation Division Sikandra,
Jamui, wherein it is stated as follows:
“5. That the Kundghat
Reservoir Project has been prepared on
the basis of comprehensive technical
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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survey and investigations on the basis of
which DPR has been approved. Thereafter
the design and drawings had been
approved based on natural flow of water
(i.e. gravity flow), topography of land
Thereafter the construction work had been
started and presently the construction
work is at the final stage of completion.
Hence it is not technically and
economically feasible to provide water in
North-Eastern villages through this
Kundghat reservoir scheme. Also, in the
Design, there is a provision of water flow
into the Bahuaar River through:-
a. Escape Channel of
Kundghat Main Canal.
b. Spillway Gates of Dam if
there is excess water in the
reservoir.
6. That it is submitted that the
concerned team had approved the said
project after considering the natural water
flow of connected river & gravity flow,
topographical condition, scientific and
geological basis as well as the technical
feasibility and economical optimization
hence without considering these facts the
design & alignment of the project cannot
be changed.
xxx xxx xxx
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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9. That it is stated and
submitted that the demand of the
Petitioner to divert the water flow towards
certain villages is technically unfeasible
because the ground slope in that direction
does not favour the gravity flow and the
project is designed to supply the water
through natural gradients to ensure
sustainability and efficiency.
10. That it is further stated
that the Bahuaar River is a seasonal hilly
river which carries heavy flow only for a
short duration during the monsoon and
then recedes. To regulate such flow,
conserve rainwater and ensure planned
irrigation, the Kundghat Dam was
constructed on the Bahuaar River. The
dam is located near Lachuar Village,
where the eastern side of the river is at a
higher elevation and the western side is
lower.
11. That due to the natural
topography, the gravity-based irrigation
from the Bahuaar River is technically
feasible only towards the western side.
Accordingly, a canal system was
constructed to provide irrigation to
approximately 2035 hectares of land in
Sikandra Block. The eastern area, being
higher than the riverbed, cannot receive
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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irrigation from the dam through natural
flow. The same is evident from the Nazari
Map.
12. That prior to construction
of the said dam, monsoon water of the
Bahuaar River used to flow into the
Harohar River, and there was no water
storage or regulated irrigation system.
After construction, water is stored,
regulated and safely managed through
canals, escape regulator and a spillway
structure for ensuring irrigation in the
southern command area and overall water
security.
13. That the eastern area as
referred by the Petitioner already falls
within the Cultural Command Area of
existing irrigation projects, including the
Upper Kiul Main Canal (UKMC) and
connected reservoirs and distributaries.
The renovation and lining work of the
UKMC is presently under process and
upon completion; irrigation water shall
reach the tail end. The farmers of the
eastern region will be also benefitted after
renovation and lining work of the UMKC.
It is further stated that earlier the UKMC
was built with soil but now the work of
concretization in place of soil is under
process.
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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14. That in this regard it is
further stated that the agreement bearing
Agreement No. 02/SBD/2025-26 was also
executed with successful bidder for
Restoration and Lining Work of main
Canal from 0.00 to 19.60 Km under Upper
Kiul Reservoir Scheme for agreement
amount of Rs.52,67,67,661. As per
agreement the said work will be completed
within 18 months.
15. That it is stated that after
completion of abovementioned project the
complete irrigation facility will be
available in the eastern side as referred by
the Petitioner. It is pertinent to mention
that earlier the irrigation facility was also
available in the eastern side or area as
referred or demanded by the Petitioner but
due to some damage in the UKMC, the
said irrigation facility was disturbed.
xxx xxx xxx
17. That earlier vide Letter
No. 813 dated 11.07.2018 the Executive
Engineer, Irrigation Division Sikandra
submitted the Technical feasibility Report
before the Superintending Engineer,
Irrigation Circle, Jamui stating all the
facts about the construction of Kundghat
Reservoir Scheme. The same is evident
from the Technical feasibility Report of the
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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committee dated 18.12.2017 as well as the
Estimates dated 08.09.2009.”
4. After receipt of the counter affidavit, the
petitioner has filed a rejoinder affidavit, wherein it is stated as
follows:
“4. That meaning thereby the
“Kund Ghat Project” has been
constructed on the origin point of Bahuar
River but the design of construction is
faulty as when rain water raises in the
reservoir and reaches a height of 30
metres then the water comes in Bahuar
River, otherwise water flows to other side,
i.e., towards Mathurapur and Korwadih it
appears from the design itself that the
authority concerned has adopted a step-
mother treatment towards agriculturists,
who are beneficiaries of Bahuar river and
accordingly, it will cause great prejudice
to the eastern northern area of Sikandra
Block.
5. That in the construction of
Kundghat reservoir there is a provision for
water flow into Bahuar River through step
channel and spillway gates if there is
excess water in the reservoir meaning
thereby that in a normal situation, there
will be no water flow towards Bahuar
river and it will cause great prejudice to
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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irrigation in the sub division of Sikandra
Block. Some photograph is attached
herewith for clarification of the scenario
over the Bahuar river.
xxx xxx xxx
10. That from the statement
made in paragraph 13 of the counter
affidavit it appears now that the petitioner
will get water after renovation of linking
work of “Upper Kiul Main Canal”
(U.K.M.C.) and the renovation of linking
work of U.K.M.C. is presently under
process and upon completion, irrigation
water shall reach the farmers of the
eastern region.”
5. We have heard the learned counsel for the
respective parties and gone through pleading in the writ petition,
counter affidavit and the rejoinder affidavit. From the record, it
appears that the construction work of the Kundghat Reservoir
Project is at the final stage of completion and it is not
technically and economically feasible to provide water in North-
Eastern villages through the Kundghat reservoir scheme and that
the demand of the petitioner to divert the water flow towards
certain villages is technically not feasible as because the ground
slope in that direction does not favour the gravity flow and the
project has been designed to supply the water through natural
Patna High Court CWJC No.20331 of 2025 dt.10-04-2026
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gradients to ensure the sustainability and efficiency.
Even though the learned counsel for the petitioner
has disputed the stand taken by the Executive Engineer in the
counter affidavit, however since these are all technical issues to
be dealt with by the persons having technical expertise in the
concerned field and above all in the counter affidavit filed by
the Executive Engineer, it is clearly stated that the prayer of the
petitioner regarding diversion of the water towards certain
villages is technically not feasible, this Court does not find any
merit in the present Public Interest Litigation.
6. Accordingly, the Public Interest Litigation is
disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.04.2026
Transmission Date NA
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