IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14385 of 2009 SANJAY KUMAR SINGH S/O SURAJDEO SINGH, RESIDENT OF VILL- MUBARAKPUR, P.S. CHANDI, DISTT. NALANDA AT BIHAR SHARIF … PETITOINER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY RURAL DEVELOPMENT WORK DEPARTMENT WORK DEPARTMENT 5TH FLOOR, VISHESHWARIA BHAWAN, PATNA. 2 2. THE CHIEF ENGINEER RURAL DEVELOPMENT WORK DEPARTMENT 5TH FLOOR, VISHESHWARIA BHAWAN, PATNA. 3. THE SUPERINTENDING ENGINEER RURAL DEVELOPMENT WORK, CIRCLE AKASH BHAWAN, KAUTILYA NAGAR, PATNA -14 4. THE COLLECTOR NALANDA AT BIHAR SHARIF, NALANDA 5. THE D.D.C. NALANDA AT BIHAR SHARIF 6. THE EXCUTIVE ENGINEER RURAL WORK DEPARTMENT WORK DIVISION- 1, HILSA, NALANDA 7. THE ASSISTANT ENGINEER RURAL WORK DEPARTMENT WORK DIVISION, CHANDI (HILSA) NALANDA 8. THE BLOCK DEVELOPMENT OFFICER, CHANDI, NALANDA 9. THE JUNIOR ENGINEER RURAL WORK DEPARTMENT CHANDI, NALANDA 10. THE MUKHIYA GRAM PANCHAYAT VILLAGE TULSIGADH, P.O. CHANDI, P.S.CHANDI, DISTT- NALANDA … RESPONDENTS ----------- 3. 13.5.2010 No one appears for the petitioner. Counsel for the State is present. In this Public Interest Litigation the petitioners have made the following prayer: “(a) A direction or directions in the nature of mandamus or any other appropriate writ be 2 issued to the respondents commanding them not to fill up with earth and other materials identified as old plot no. 369, 404 and 589 vide C.S. Khatian the existing payne (village irrigation chanel) in village Mubarakpur Thana no. 289 P.S. Chandi within subdivision Hilsa in the district of Nalanda which the respondents are contemplating to destroy and marge it was existing village link road already constructed under NAREGA Scheme pavabil to this village channel. (b) Further direction be given to the respondents to repairs and reconstruct by bricks the bed and side wall of the aforesaid payne (village channel) through any other scheme under the Irrigation Department.” From the perusal of the materials on record, it becomes manifest that there are two competing claims of Public Interest, one relating to construction of road and the other with regard to continuance of irrigation facilities for the farmers which have engaged the attention of the respondent authorities. Though this writ application was filed on 30.10.2009 no counter affidavit has been filed in this case till date and as such, this Court would direct the Collector of Nalanda District at Bihar Sharif to look into 3 the grievance of the petitioner and take an appropriate decision within three months from the date of filing of a fresh representation by the petitioners. It is, however, made clear that this Court has not gone into the merits of the claim of the petitioner and it would be open for the Collector of Nalanda District to pass an appropriate order which may safeguard both the interest of construction of the road as also continuance of irrigation facilities to the farmers. With the aforementioned observations and directions, this application is disposed of. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/