IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3347 of 2002 RAM BADAN DUBEY, SON OF LATE JANKI DUBEY, RESIDENT OF VILLAGE-SHEOBAHAR, P.O.-DAWATH, P.S.-SURYAPURA, DISTRICT-ROHTAS, SASARAM. ……………………………………………… PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, WATER RESOURCES DEVELOPMENT DEPARTMENT, GOVT.OF BIHAR, PATNA. 3. THE COMMISSIONER, IRRIGATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT (IRRIGATION) DEHRI ON SONE. 5. THE SUPERINTENDING ENGINEER, SONE CANAL CIRCLE, ARA. 6. THE EXECUTIVE ENGINEER, SONE CANAL DIVISION, BIKRAMGANJ. 7. THE ASSISTANT ENGINEER, SONE CANAL DIVISION, BIKRAMGANJ. 8. JUNIOR ENGINEER, SONE CANAL DIVISION, BIKRAMGANJ. 9. DISTRICT MAGISTRATE, ROHTAS, SASARAM. 10. THE SUPERINTENDENT OF POLICE, SASARAM, ROHTAS. 11. THE SUB-DIVISINAL OFFICER, BIKRAMGANJ. 12. THE BLOCK DEVELOPMENT OFFICER, SURYAPURA, DISTRICT- ROHTAS. 13. THE SUB-DIVISIONAL POLICE OFFICER, BIKRAMGANJ. 14. INSPECTOR OF POLICE, BIKRAMGANJ. 15. OFFICER INCHARGE, SURYAPURA, DISTRICT-ROHTAS. ………………………………………………. RESPONDENTS ----------- 6. 15.4.2009 Heard counsel for the petitioner and the counsel for the State. In this writ application the petitioner has made prayer to the following effect: “ This writ application is being filed for commanding the respondents to provide water through the Sone Canal by constructing 9” diameter Nala in order to facilitate the petitioner in the matter of irrigating the Kharif and Rabi crops through 2 Narayanpur Channel of Sone Canal. This application is also being filed for commanding the Superintendent of Police, Rohtas, Sasaram, to depute police to ensure the security at the time of constructing of 9” diameter nala through Narayanpur Channel of Sone Canal for irrigating the plots situated at Sheobahar village, P.O. Dawath, P.S. Suryapura, District Rohtas, Sasaram. This application is also being filed for holding that the delay in taking action of the respondents authorities in the matter of construction of 9” diameter nala, at nearly date creates hue and cry among the people of village Sheobahar, who are actually sufferer due to non-construction of the aforesaid nala.” Counsel for the petitioner basically relies on the opinion and action taken by the Assistant Engineer and the Executive Engineer dated 9.2.1994 and 3.3.1994, as contained in Annexures 4 and 4/1 to the rejoinder affidavit. These two documents would go to show that on a proposal of laying down the pipe the authorities, namely, Assistant Engineer and 3 the Executive Engineer having been satisfied that the requirement of the petitioner would have been fulfilled only by laying down the pipe of 9” diameter, had given to sanction the estimate. Counsel for the petitioner, therefore, submits that the stand taken in the counter affidavit that the pipe with 6” diameter will be sufficient to meet irrigational purposes of the petitioner is absolutely untenable. Counsel for the State, on the other hand, submits that the matter was examined in the light of the technical specification and also by taking into account the prevailing situation of the plot of the petitioner. Counsel also submits that it was found that in case 9” diameter pipe was laid down for irrigation of the plot of the petitioner, it would have led to scarcity of water to other farmers in adjoining area. This Court would hardly be in a position to decide such a technical aspect of the matter in absence of due consideration and a reasoned order passed by the authorities after application of mind. In view of the reliance placed by the 4 petitioner on the two assessment made by the Assistant Engineer and the Executive Engineer and the stand taken by the respondents in their counter affidavit questioning the same, this Court would find it expedient in the ends of justice that the matter is examined and decided by respondent no.4, the Chief Engineer of Water Resources Department(Irrigation), Dehri-On-Sone, within a period of three months from the date of receipt/ production of a copy of this order. In order to expedite the matter the petitioner is directed to file a self contained representation enclosing necessary documents including Annexures 4 and 4/1 of the rejoinder affidavit and the period of three months would start running from the date of receipt of the said representation by the Chief Engineer (respondent no.4). In the event the Chief Engineer would find the necessity of laying down the pipe of 9” diameter for irrigating the land of the petitioner he would also ensure that the steps for laying down is taken so that the petitioner’s grievance with regard to 5 irrigation of his land is remedied as early as possible but in no event beyond a period of six months from the date of such order of the Chief Engineer. With the aforementioned observation and direction this application is finally disposed of. (Mihir Kumar Jha,J.) Surendra/