IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5219 of 2010 1. ANAND SINGH S/O AWADH KISHORE SINGH R/O VILL.- NARAINAPUR, P.O.- PATKHAULI, P.S.- BAGAHA, DISTT.- WEST CHAMPARAN 2. KHAJANCHI CHOUDHARY S/O LATE RAGHUBIR CHAUDHARY R/O VILL.- AUSANI, P.O.- MANGALPUR, P.S.- LAUKARIA, DISTT.- WEST CHAMPARAN Versus 1. STATE OF BIHAR 2. ADDITIONAL SECRETARY TO THE GOVT. OF BIHAR IN THE DEPARTMENT OF REVENUE & LAND REFORMS, PATNA 3. THE COLLECTOR, BETTIAH, WEST CHAMPARAN 4. THE LAND ACQUISITION OFFICER, BETTIAH, WEST CHAMPARAN 5. COMMANDANT, SHASASTRA SEEMA BUL, BAGAHA, DISTT.- WEST CHAMPARAN ----------- For the petitioners : Md. Nadim Seraj & Mr. Zainul Abedin, Advocates. For the State : Mr. Lalit Kishore, A.A.G.-3 For the Union of India : M/S. Satyendra Kumar Jha & Gyanendra Kumar Shukla, Advocates. & S.S.B. 5. 29.04.2010. Heard learned counsel for the petitioners, State, Union of India and Commandant, S.S.B., for whom lands in-question have been acquired. 2. Petitioners are aggrieved by the action of the authorities as the water channel passing through Plot Nos. 117, 118, 119, 120, 130 to 136 of Mauza Oswanni and Naya Gaon, Valmikinagar in the district of West Champaran is likely to be filled up under the instruction of the Commandant, 21st Battalion, S.S.B, Respondent No.5 and the irrigation of the lands of the petitioners and others coming within the command area of the channel is to be affected. 3. It is submitted on behalf of the State, Union of India and the Commandant, S.S.B. that the lands over which water channel is situate has not been handed over to S.S.B. authorities and the said channel will not be filled up by the S.S.B. authorities and shall be maintained by them for irrigation purposes of the villagers so that villagers are not obstructed from ensuring irrigation of their fields - 2 - coming within the command area of the water channel. In this connection, reference is also made to the letter of the Commandant , 21st Battalion, S.S.B. Valmikinagar bearing no. 5166 dated 14.4.2010 (Annexure-A to the counter affidavit) which has been written in connection with the present writ case, perusal whereof indicates that the lands over which water channel is laid, dug and existing has not been handed over to the S.S.B. authorities and they are not to obstruct the flow of water in the channel. 4. S.S.B. camp has been established in the area to provide security to the people as also to check illegal infiltration in the Indian territory. While upholding their duties the S.S.B. authorities should ensure that they remain people friendly and for being people friendly, they are required to maintain the water flow in the channel which is so essential for the people of the area to survive. Accordingly, it is directed that the S.S.B. authorities will not fill up the water channel so as to obstruct the irrigation work of the petitioners and others from the water channel which is located over Plot Nos. 117, 118, 119, 120, 130 to 136 in Mauza Oswanni and Naya Gaon, Valmikinagar in the district of West Champaran. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)