IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13010 of 2010 6 6.10.2010 SATYENDRA JHA S/O LATE MAHABIR JHA VILL.-BHANDARIDIH, P.S.-SANOKHAR, DISTRICT BHAGALPUR. ….. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY OLD SECRETARIAT,PATNA. 2. CHIEF ENGINEER -2 (BHAGALPUR) GRAMIN KARYA BIBHAG, HARDING ROAD, BAIRAK NO.-2, PATNA 3. DISTRICT MAGISTRATE, BHAGALPUR 4.EXECUTIVE ENGINEER, GRAMIN KARYA BIBHAG, KARYA PRAMANDAL -2, BHAGALPUR. …… RESPONDENTS ------ For the Petitioner :Mr Shiwesh Chandra Mishra, Advocate For the Respondents : Mr Prabhakar Tekriwal, GA 1 ------ Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has preferred this writ petition in public interest praying for demolition of a road up to 300 metres in length on the ground that portion of the road is obstructing the flow of water channel which is essential for irrigation of large area of agricultural lands. The land used for irrigation relates to Khesra no.182, Anchal Sandhula, District Bhagalpur. According to the counter affidavit filed on behalf - 2 - of the respondents no.2 and 4 i.e. the Chief Engineer at Bhagalpur and the Executive Engineer concerned, the road is being constructed at Khesra no.97 and Khesra no.174 which has been shown as alignment of village road. So far the pond and canal is concerned, both are said to be situated at Khesra no.183 and 185 respectively. The respective areas have been demarcated in a map annexed as Annexure –C. The Khesras pertaining to roads, canal and pond have been demarcated under red, green and blue colours respectively. A perusal of the map shows that the road is at places adjacent or parallel to the pond or the river but it does not obstruct the water channel and does not interfere with the right of irrigation of the villagers. In view of the aforesaid stand of the concerned respondents, this writ petition is dismissed. sk (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J. )