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Judgment
Heard learned counsel for the parties.
Petitioner has prayed for the following relief:-
(i) For issuance of an appropriate writ/order/direction commanding the respondents to renovate the pond in question situated at Mauza-Dhawdadh
within the district of Rohtas and to ensure removal of silt from the bed of the pond and to do the needful to maintain the water level of the pond.
(ii) For issuance of an appropriate writ/order/direction commanding the respondents to ensure maintenance of the pond and channels in question in
future.â€
This writ petition in form of PIL has been filed by the petitioner in representative capacity stating therein that in Mauza-Dhawdadh the only source of
ground level water and irrigation of the field is the pond and channel over the aforesaid plots. Pond is from time immemorial and channels were
constructed by the irrigation department in the year 1960-65. The gates over the channels to control the water flow do not work and the pond is filled
with heavy silt and its banks are also to be repaired to hold more water. Petitioner gave several representation to respondent authorities for renovation
of the pond but no action has been taken by them although need to renovate the pond has been admitted by them for which a DPR was also prepared
and fund was also made available but still work was never executed.
Writ petition is disposed of with liberty to the petitioner to file a detailed representation before the respondent no. 3 District Magistrate, Rohtas at
Sasaram, who shall consider the grievances of the petitioner as detailed in representation and pass necessary order within 8 weeks from the date of its
filing.
Liberty is reserved to the petitioner to approach the Court afresh for the same and subsequent cause of action, if so required and desired.