Patna High Court
Bhekha SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The court directed that the petitioners may file a fresh application and the Circle Officer shall consider it and issue an order ensuring the pipeline is laid without damaging the house foundation.
Summary
The petitioners, Bhekha Singh and Rakesh Kumar Singh, complained that a water pipeline being laid by the State of Bihar was damaging the foundation of their house despite repeated representations to the Circle Officer, Begusarai. They sought a writ directing the authorities to properly measure and lay the pipeline straight so as not to endanger their dwelling. The State counsel acknowledged the representation and agreed it could be considered by the concerned authority. The court noted that the relief sought was limited to directing proper consideration of the petitioners' representation, not a substantive order on the pipeline itself. Consequently, the court disposed of the writ, granting the petitioners liberty to file a fresh application with supporting documents within two weeks, after which the Circle Officer must pass a positive order within three weeks ensuring the pipeline does not damage the house foundation.
Issues considered
- Whether the court can direct the Circle Officer to consider the petitioners' representation regarding the pipeline laying.
- Whether the court may limit its relief to ordering proper measurement and laying of the pipeline without adjudicating the merits of the pipeline project.
Subjects
- pipeline
- public health
- property damage
- writ jurisdiction
- administrative law
- representation
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8680 of 2026
======================================================
1. Bhekha Singh, S/o Late Nemo Singh, Resident of Ward No.- 8, Ramdiri,
Akashpur Rachiahi, P.S.- Singhaul, Pin- 851134, District- Begusarai.
2. Rakesh Kumar Singh @ Rakesh Kumar S/o Ram Chandra Singh, Resident
of Ward no. 8, Ramdiri, Akashpur Rachiahi, P.S. Singhaul, Pin- 851134,
District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Begusarai.
2. The Collector, Begusarai.
3. The Additional Collector, Begusarai.
4. The Circle Officer, Begusarai.
5. The Superintending Engineer, Public Health Circle, Munger.
6. The Executive Engineer, Public Health Division, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanat Kumar Mishra, Advocate
Mr. Shantanu Kriti, Advocate
For the Respondent/s : Mr. Kinuar Kumar, S.C.- 9
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsels for the petitioners as well as
for the State.
2. The petitioners have raised an issue with respect to
pipelines which are being laid down, damaging the very
foundation of their house and in spite of repeated
representations filed before the authorities concerned, they are
not paying any heed to it. Petitioners are not agitating this
instant writ application on the merit but, rather they simply pray
to confine the relief(s) to the extent that if the authorities are
Patna High Court CWJC No.8680 of 2026(2) dt.29-06-2026
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directed to consider their representation which has been filed for
taking care that pipeline could be laid down straight without
damaging the very foundation of the house of the petitioners.
3. The petitioners have filed a representation before
the Circle Officer, Begusarai Sadar vide representation dated
11.05.2026, highlighting the issue and requesting that a proper
measurement for laying down the pipeline may be done so that
water pipeline would go straight without damaging the very
foundation of the house of the petitioners. Otherwise, any wrong
laying of the pipeline could severely damage the very
foundation which will make the house prone to demolition and
thereby rendering it uninhabitable.
4. Learned counsel appearing on behalf of the State, at
this stage, fairly submits that representation as contained in
Annexure P-5 series may be directed to be considered by the
authority concerned.
5. Since the petitioners have confined their relief(s)
only to the extent of directing the Circle Officer, Begusarai
Sadar to consider their case properly in accordance with the
rules so that pipeline may be laid down straight after proper
measurement without damaging the foundation of the
petitioners’ house.
Patna High Court CWJC No.8680 of 2026(2) dt.29-06-2026
3/3
6. This writ application is disposed of with a liberty to
petitioners to file a fresh application highlighting all the issues
enclosing relevant documents in support of their claim within
two weeks henceforth and on such an application so filed, the
Circle Officer, Begusarai Sadar will consider the same and will
pass a positive order so that pipelines could go straight without
damaging the very foundation of the dwelling house of the
petitioners. It goes without saying that such an order shall be
passed within three weeks of the filing of such representation.
7. Accordingly, this writ application is disposed off.
(Rana Vikram Singh, J)
Saurabh.kr/
Supratim-
U
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