IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4290 of 2011 BHUPENDRA SINGH son of late Shyamdeo Singh, resident of village – Madhopur, PO + PS Jalalpur Bazar, District Chapra (Saran) .......Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Rural Development and Human Resources Department, Bihar, Patna 3. The Commissioner, Saran at Chapra 4. The District Magistrate, Chapra (Saran) 5. The Deputy Development Commissioner, Chapra (Saran) 6. The Sub-Divisional Officer, Chapra Sadar, Chapra 7. The Anchal Adhikari, Jalalpur Anchal, Chapra 8. The Block Development Officer, Jalalpur Block, Chapra 9. The Mukhiya of Madhopur panchayat, Madhopur, PS Jalalpur, District Saran ............. Respondents ----------- 04- 15/4/2011 This is the third round of litigation by way of public interest in respect of the same grievance. The petitioner prays for a direction to the respondent authorities to make provision for free flow of water in the old drainage in village Madhopur within Jalalpur block in the district of Chapra by clearing the drainage. The petitioner had earlier moved this Court by preferring CWJC No. 3471 of 2009 for similar relief. A Division Bench of this Court disposed of the writ petition with liberty to the petitioner, if so advised, to move the civil court of competent jurisdiction. The petitioner thereafter again moved this Court by filing CWJC No.2419 of 2010, which has also been disposed of by a Division Bench by its order dated 11.2.2010. The petitioner 2 has again renewed his prayer. 2. A counter affidavit has been filed on behalf of the State which falsifies the case of the petitioner. Paragraph 5 of the counter affidavit is quoted hereinbelow for ready reference:- “5) That the District Magistrate (respondent no.4) deponent herein has examined the matter afresh and has discovered that the petitioner has consistently being misrepresenting certain facts before not only the Government Authorities but also to this Hon’ble Court. “For example, the claim of the petitioner that there was a drainage system earlier which has been obstructed by earth filling and road construction is completely false. There is no evidence of any constructed drainage system at the place in question. The fact rather, is that as there were fewer constructions on Raiyats Plots in the neighborhood of the petitioner’s house, water naturally flowed into a natural depression on a public land on survey plot no.3623. But there was no drainage system designed specifically to carry dirty water into the said depression.” It would appear that the District Magistrate had examined the matter and found that no drain ever existed at the place, rather there are fewer constructions on raiyati plots in the neighborhood of the petitioner’s house and water naturally flows into a natural depression on a public land. 3. Thus we do not find any merit in this writ 3 petition. It is accordingly dismissed. ( S K Katriar ) ( S P Singh ) mrl