Patna High Court
Shakila KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court held that the drain construction over the petitioners’ land must be stayed until the Sub‑Divisional Officer examines the objections and issues a reasoned speaking order.
Summary
The petitioners, three residents of Sahebpur Kamal, filed a writ petition challenging the construction of a government drain on their private land. They argued that the drain work, part of the 15th and 16th financial scheme, was being carried out without the No‑Objection Certificate and Gram Sabha resolution required by a letter dated 13 May 2026 from the Circle Officer. The State contended that the petitioners’ representation before the Sub‑Divisional Officer could be disposed of by that officer after examining the documents. The Court examined the letter and the petitioners’ objection and concluded that proceeding with the drain without the mandated approvals would be unjust. Accordingly, the Court directed the Sub‑Divisional Officer to consider the objections, hold a hearing, and issue a reasoned order before any construction continues. The writ petition was disposed with these directions, and the drain work was stayed pending the officer’s order.
Issues considered
- Whether the construction of a government drain over private land can proceed without a No‑Objection Certificate and Gram Sabha resolution as required by the Circle Officer’s letter.
- Whether the Sub‑Divisional Officer must examine the petitioners’ objections and pass a reasoned order before authorising the drain construction.
- Whether the writ petition should be disposed with a stay on the construction pending resolution of the representation.
Subjects
- drain construction
- no objection certificate
- gram sabha resolution
- public works
- land acquisition
- writ petition
- stay order
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8994 of 2026
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1. Shakila Khatoon, Wife of Md. Shamim, Resident of Sahabpur Kamal, P.S.-
Sahebpur Kamal, District- Begusarai.
2. Shanaz Begum, Wife of Md. Wasim, Resident of Sahabpur Kamal, P.S.-
Sahebpur Kamal, District- Begusarai.
3. Md. Rizwan @ Md Rizwan Ahmad, Son of Md. Yusuf, Resident of Ward
No.7 Sahebpur Kamal, P.S.- Sahebpur Kamal, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Home Department, Bihar,
Patna.
2. The District Magistrate, Begusarai.
3. The Superintendent of Police, Begusarai.
4. The Sub Divisional Officer, Balia, Begusarai.
5. The D.C.L.R., Balia, Begusarai.
6. The Block Development Officer, Sahebpur Kamal, Begusarai.
7. The Circle Officer, Sahebpur Kamal Begusarai.
8. The Station House Officer, Sahebpur Kamal Begusarai.
9. The Panchayat Sachiv, Sahebpur Kamal West, Begusarai.
10. D.P.R.O, Sahebpur Kamal Begusarai.
11. The Mukhiya, Sahebpur Kamal West, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishore, Advocate
Mr. Rahul Deo Varman, Advocate
For the Respondent/s : Mr. Shiv Kumar, A.C. to G.A.-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 30-06-2026 1. Heard Mr. Kaushal Kishore, learned counsel on behalf
of the Petitioners duly assisted by Mr. Rahul Deo Varman,
learned counsel and Mr. Shiv Kumar, learned A.C. to G.A.-3,
counsel for the State.
2. Learned counsel for the petitioners submits that under
Patna High Court CWJC No.8994 of 2026(2) dt.30-06-2026
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the 15th and 16th financial scheme, construction of drain in
Mauza-Sahebpur Kamal, is to be done under the supervision of
Block Development Officer, Panchayat Secretary and Mukhiya
of the said Panchayat.
3. In course of argument, learned counsel for the
petitioners forwards one letter no. 468 dated 13.05.2026 issued
under the hand of Circle Officer, Sahebpur Kamal, Begusarai,
mentioning therein the details of land over which construction
of drain is to be done. The details of land as mentioned in the
letter is Thana No. 663, Khesra No.- 1481 area of 14.3 Kattha in
Mauza-Sahebpur Kamal, the piece of land is said to be
Gairmajarua Aam and construction of drain is to conclude at Khesra
No. 1483, the part of which has already been acquired by P.W.D.
4. The aforesaid letter of the Circle Officer, Sahebpur
Kamal, categorically states that the construction of drain is to
start after obtaining no objection Certificate from the concerned
department as well as after the resolution passed by the Gram
Sabha of the village Sahebpur Kamal.
5. At the bar, it has been submitted that without even
following the aforesaid process as mentioned in the letter dated
13.05.2026, the respondents have started constructing the drain
through the land of petitioners upon which there is no sanction
Patna High Court CWJC No.8994 of 2026(2) dt.30-06-2026
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from the authorities to construct the drain.
6. The petitioners have already filed an objection in
the form of representation before the Sub-Divisional Officer,
Balia, Begusarai raising all the issues with a prayer not to
construct the government drain over their private land upon
which there is no sanction for the same and that representation
has been placed in the writ application as Annexure P-2.
7. At this stage, learned counsel for the State submits that
representation of the petitioners may be directed to be disposed
off by the Sub-Divisional Officer, Balia, (respondent no. 4) who
will examine all the contentions and will verify the documents
in support thereof.
8. Having heard the parties and gone through the records
especially the letter produced in course of argument, it would be
expedient in the interest of justice to direct the Sub-Divisional
Officer, Balai, Begusarai to consider the objections raised by the
petitioners and having examined the issues himself and on being
satisfied, he will pass a reasoned and speaking order after
hearing all the parties concerned.
9. Till the disposal of the representation dated 01.03.2026
as contained in Annexure P-2 by the Sub-Divisional Officer,
Balia, the construction of drain over the petitioners’ land shall
Patna High Court CWJC No.8994 of 2026(2) dt.30-06-2026
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not be done and only after disposal of his representation by a
speaking order, the authorities will proceed with the
construction of drain.
10. Thus, this writ application is disposed off with the
aforesaid directions.
11. All pending interlocutory application(s), if any, also
stands disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/
Prakash-
U
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