The Patna High Court dismissed a Public Interest Litigation (PIL) filed seeking direction upon the respondents to enquire into the ‘gairmajarua’ land which is actually a drain used for agriculture purposes but the locals are filling earth which will affect the villagers livelihood.
The PIL has been filed by Bhartiya Krishi Mazdur Sangh through its Secretary.
The brief facts in the case is that the land in question is a ‘Gairmazura Malik’ situated in Mauza-Loshghani described as ‘Nala’ land or Khanta Land and water passing through it is used for the purposes of irrigation of agriculture fields of the locality and hundreds acres of areas are irrigated from it.
However, of late, it was being filled by the interested persons forcing the people of the locality to prefer application before the respondent District Magistrate, Lakhisarai, though the ‘Mukhia’, the ‘Sarpanch’ as also the others nominated members of the Panchayat Loshghani in the year 2006. However, no action was taken by the District Magistrate.
The contention is that private respondent respondent no.6 is now filling it for his house construction which will deprive the farmers of water in their agriculture lands. The petitioner claims that the respondent no.6 whose father purchased a piece of land adjoining the ‘Nala’ is deliberately doing so despite protests made by the villagers. He submits that act of the respondent no.6 is hampering the movement of water to the agricultural fields of the local villagers and as such immediate action is required.
The counsel has drawn attention of the Court to an order of 2020 relating to removal of the encroachment in which on 24.02.2024 direction was given to the respondents to dispose of any application so preferred in accordance with law.
The State counsel on the other hand submits that instead of taking steps under the Bihar Public Land Encroachment Act by preferring a proper petition before the appropriate authority, the petitioner has rushed to this Court by way of ‘the PIL’ despite the fact that earlier he was granted liberty in petition of 2020 and as such the petition fit for dismissal. Now with a new nomenclature i.e. ‘Bhartiya Krishi Mazdur Sangh’ through its Secretary, once again the present petition has been preferred. There is nothing on record to show whether the petitioner ever approached before appropriate authority under the Bihar Public Land Encroachment Act and/or the outcome of any petition so preferred earlier following the order passed on 24.2.2020 in Petition of 2020 .
“Certainly, bypassing the remedy under the law of the land, the petitioner has approached this Court which in the given facts and circumstance is liable to be dismissed”, the Division Bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy said.