Wednesday, August 27, 2025

Government not complying with High Court's judgement against encroachment made in Mahi river, Sonepur, Saran

In Ranjan Kumar vs. The State of Bihar through the Chief Secretary, Govt. of Bihar,  & Ors. (2025), Patna High Court's Division Bench of Chief Justice Vipul M. Pancholi and Justice Partha Sarthy delivered a 5-page long judgment dated August 22, 2025. This is the 24th judgement by Justice Pancholi as chief justice. 

Justice Pancholi concluded:"We are of the view that this Court has time and again issued directions to the respondent-authorities and, therefore, now it is the duty of the respondent-authority to comply with the said orders. 9. If the petitioner is of the view that the earlier orders of this Court have not been complied with by the concerned authority, it is always open for the concerned party to proceed in contempt before the concerned court. 10. Even otherwise, learned counsel appearing on behalf of the respondent-State has submitted that, as per the observation made by the learned Single Judge in C.W.J.C. No. 10078 of 2024 dated 23.08.2024, the encroachment will be removed after following due procedure of law and, therefore, in the facts and circumstances of the present case, we do not find any reason to keep the petition pending. 11. The respondent-authority shall take appropriate action against the encroachers after following due procedure. 12. Accordingly, present petition stands disposed of."

The petition was filed in the nature of  Public Interest Litigation.The petitioner had stated in the memo of petition that encroachment has been made in river Mahi. Therefore, the petitioner filed the petition with a prayer that appropriate direction be issued to the concerned authorities to protect the land/way of Mahi river situated north of Sabalpur, Sonepur, Saran which is the solitary resource of drainage of water in rainy season. 

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