IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.627 of 2010 1. KUMAR VIJAY S/O LATE DEVENDRA NATH SRIVASTAVA R/O VILL-MADHUBAN CHOWNY CHOWK, P.S- CHHATAUNI, P.O- MOTIHARI, DISTT- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI 3. MOTIHARI NAGAR PRISHAD, REPRESENTED THROUGH ITS MUNICIPAL EXECUTIVE OFFICER, MOTIHARI NAGAR PARISHAD, MOTIHARI 4. THE MUNICIPAL EXECUTIVE OFFICER, MOTIHARI NAGAR PARISHAD, MOTIHARI 5. THE CHAIRMAN, MOTIHARI NAGAR PARISHAD, MOTIHARI 6. THE STANDING COMMITTEE OF MOTIHARI NAGAR PARISHAD, MOTIHARI 7. THE GURU ENTERPRISES, ARYA SAMAJ CHOWK, THE EXECUTIVE AGENCY OF MOTIHARI NAGAR PARISHAD, MOTIHARI ----------- 2/ 08/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the action of the Motihari Nagar Parishad in constructing a public drainage on his private lands. He is stated to have represented before the Executive Officer of the Motihari Nagar Parishad on 10.12.2009. On record is a counter affidavit of the Motihari Nagar Parishad. It states that a drainage was being constructed from the Railway Crossing, Chandmari to Moti Jheel. The construction of the drainage has been completed. The lands of the petitioner as claimed fell in the bed of the river Moti Jheel and, hence, the question of construction of any drainage over plot No.247 belonging to the petitioner does not arise. The drainage has been constructed to regulate over flow of rain and drain water into Moti Jheel river. The petitioner has created forged and fabricated sale deed with regard to his lands in the bed 2 of the river guided by the Allusion and Delusion Act. He got created a forged Jamabandi with regard to the lands. He can approach the Civil Court if he has any grievance. Prima facie, the Court is not satisfied with the stand being taken on behalf of the respondent Motihari Nagar Parishad. The petitioner contends that he purchased the lands by virtue of a registered sale deed on 24.9.1968. It has been specifically stated in paragraph-6 that the lands in question are surrounded by a boundary wall identified as Khata No.139, Plot No.246, Ward No.15. Allegations have been made that the alignment of the drainage was deviated to favour Respondent No.7. The counter affidavit does not deny this statements of fact. The statements made in the counter affidavit that the land was in the river bed, actual creation of a Jamabandi, failure to deny the allegations with regard to re-alignment of the drainage allegedly at the behest of Respondent No.7all leave this Court thoroughly dissatisfied. Let the petitioner appear before the Executive Officer of the Motihari Nagar Parishad along with a copy of the present order. On the date that he presents the order, the Executive Officer shall intimate 3 to him the date on which the petitioner shall appear before the Standing Committee of the Motihari Nagar Parishad. The Standing Committee shall give a personal hearing to the petitioner, examine his claims and contentions as discussed and any other claims that he may put forth in writing. If the Standing Committee proposes to rely on any other materials it shall furnish the same to the petitioner with an opportunity to reply the same. Let the Standing Committee then pass a reasoned and speaking order discussing all aspects of the matter within a maximum period of two months from the date of receipt/production of a copy of this order before the Standing Committee, in the aforesaid manner. Needless to state that the fate of the drainage constructed shall depend ultimately on the final order that may be passed thereafter. The writ application stands disposed. KC ( Navin Sinha, J.)