Patna High Court - Orders
Shruti Dhari Singh vs State Of Bihar Through Chief Secretary, ... on 17 October, 2022
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.685 of 2022
Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani
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Shruti Dhari Singh S/O Late Shashi Dhari Singh Resident of Village-Ranti
Deodhi, P.O.-Ranti, P.S.-Rajnagar, District-Madhubani.
... ... Petitioner/s
Versus
1. State Of Bihar Through Chief Secretary, Government Of Bihar
2. The Chief Secretary, Government Of Bihar, Patna
3. The Additional Chief Secretary-Cum-Principal Secretary, Department Of
Home, Govt. Of Bihar, Patna
4. Director General Of Police, Bihar, Patna
5. The Commissioner, Mithila Division, Darbhanga
6. The Inspector General Of Police, Darbhanga
7. The District Magistrate, Madhubani
8. The Superintendent Of Police, Madhubani
9. The Sub Divisional Officer, Sadar Madhubani, District-Madhubani.
10. The Block Development Officer, Rajnagar, District-Madhubani
11. The Circle Officer, Rajnagar, District-Madhubani
12. The Officer In Charge, Rajnagar Police Station, District-Madhubani
13. Urmila Yadav Wife Of Amrit Yadav Resident Of Village-Laliwar, P.S.-
Rajnagar, District-Madhubani.
14. Apali Devi, wife of Gainda Paswan, resident of village- Ranti, P.S.-
Rajnagar, District-Madhubani.
15. Gainda Paswan Son Of Chowa Paswan Resident Of Village-Ranti, P.S.-
rajnagar, District-Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Advocate
For the State : Mr.Md. Nadim Seraj, GP-5
For the Respondent no.14: Mr. Rajesh Ranjan No.1, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
5 17-10-2022Heard learned counsel for the petitioner, learned counsel for the State and respondent no.14.
This writ application has been filed seeking a Patna High Court CR. WJC No.685 of 2022(5) dt.17-10-2022 2/8 direction to the respondent authorities to protect the life and property of the petitioner. It is alleged that the so-called leaders of Maoist groups have attacked the property and life of the petitioner, distributed the pamphlets giving the date and time for coming on the plot of the petitioner for looting the standing crops and by putting the red flags they have been indulging in forcefully dispossessing the petitioner.
When this Court gave opportunity to the State- respondents to file a counter affidavit, a counter affidavit has been filed on behalf of the respondent no.7, 9 to 11 sworn by the Circle Officer, Rajnagar (Madhubani). The affidavit is also for and on behalf of the District Magistrate, Madhubani.
Annexure-B to the counter affidavit unambiguously disclosed that the grievance of the petitioner is genuine. The conclusion reached by the S.D.M, Sadar, Madhubani in M.R.No.617 of 2019 after hearing the parties thereto are being reproduced hereunder for a ready reference:-
"mifLFkr i{k dks lquus ,oa dkj.k i`PNk rFkk vfHkys[k ij miyC/k dkxtkrksa rFkk vapy vf/kdkjh ,oa Fkkuk/;{k ls izkIr la;qDr izfrosnu rFkk vapy vf/kdkjh] jktuxj ds Lora= izfrosnu ds voyksdu ls izrhr gksrk gS fd izfØ;k/khu Hkwfe izFke i{k Jqfr/kkjh flag is0 pUnz/kkjh flag ds n[ky dCts esa cgqr iwoZ ls pyk vk jgk gSA vapy vf/kdkjh ds izfrosnu ls Li'V gS fd fookfnr Hkwfe esa gncUnh esa ntZ ugh gS vkSj mldk u;k losZ [kfr;ku izFke i{k ds firk ds uke ls gS vkSj jS;rh Hkwfe gSA izFke i{k jkWVh M;kS<+h ds ekfyd gSa f}rh; i{k ds lnL;x.k ,d xzqi cuk dj HkwLokeh ds bl Hkwfe ij cyiwoZd dkuwu dk gkFk esa ys dj vuf/kd`r :i ls >.Mk xkM+ Patna High Court CR. WJC No.685 of 2022(5) dt.17-10-2022 3/8 jgs gSa rFkk "kgj tehu ij ekj&ihV ,oa [kwu [kjkc djus ij mrk: gSa tcfd izfØ;k/khu Hkwfe ls muyksxksa dks dksbZ ljksdkj ugh gSA mijksDr foospukvksa ls izFke i{k dk dFku ,oa nkok loy izrhr gksrk gSa Qyr% izFke i{k ds i{k esa fu;e [kkyh fd;k tkrk gS vkSj f}rh; i{k ds fo:) fu;e iDdk fd;k tkrk gSA"
In paragraph 10, 11, 12 and 13 of the counter affidavit the following statements have been made:-
"10. That it is submitted that earlier a proceeding under Section 144 Cr.P.C. and 107 Cr.P.C. was initiated against group of people who forcibly tried to grab the land of the petitioner in to maintain peace which was decided in favour of the petitioner.
11. That it is submitted that the District Magistrate, Madhubani called for a report from the Anchal Adhikari, Rajnagar upon the representation of the petitioner and the Anchal Adhikari, Rajnagar submitted his report through Memo No.-1269 dated 3.12.2019 to the District Magistrate, Madhubani and copy of the report was forwarded to Officer Incharge Rajnagar P.S, the Deputy Collector Land Reforms, Madhubani, the Sub Division Officer, Madhubani, the Sub Divisional Police Officer, Madhubani and the Superintendent of Police, Madhubani.
12. That it is submitted that a joint report was submitted by the Anchal Adhikari, Rajnagar and the Officer Incharge Rajnagar P.S upon the entire situation and the requested for deputation of 15 senior Magistrate, 200 female police force, 150 male police force together with other police officers and JCB machine for removing the illegal possession over the land in question.
13. That it is submitted that as stated above a proceeding under 144 of Cr.P.C. has been initiated by the MR. No.617 of 2019 by the S.D.M, Madhubani and also a proceeding under section 107 Cr.P.C. was initiated vide MR. No.616 of 2019 Patna High Court CR. WJC No.685 of 2022(5) dt.17-10-2022 4/8 against the respondent second party and their group and they have been bond down. It is next submitted that being aggravated after the order of the Sub Divisional Officer, Madhubani the respondent second party without any prior information started protest, raised un- parliamentary slogans before the chamber of Sub Divisional Officer, Madhubani and created hurdle in Government works for which Madhubani Town P.S Case No.16/2020 under Sections 147, 149, 353, 351, 323, 504, 509 I.P.O was registered against the them."
In the aforementioned background, this Court passed the order dated 27.09.2022 which are being reproduced hereunder:-
"Learned counsel for the petitioner has drawn the attention of this Court towards the last part of the order dated 10.09.2022 as contained in Annexure- A to the counter affidavit wherein after recording the fact in the earlier part that the miscreants/extremists earlier violated the order passed under Section 107 Cr.P.C. and 144 Cr.P.C. and they forcefully possessed the raiyati land of the petitioner on 02.12.2020, the District Magistrate, Madhubani directed for initiation of a proceeding under Section 145 Cr.P.C. Learned counsel submits that Annexure-A in itself is a proof of the fact that the District Magistrate, Madhubani is well aware of the law and order problem, the order passed by the authorities under Section 107 Cr.P.C. and 144 Cr.P.C. and violation thereof by the miscreants and thereby they have taken forceful possession of the property of the petitioner, in such circumstance the District Magistrate, Madhubani instead of proceeding lawfully to take action against them had no reason to direct initiation of a proceeding under Section 145 Cr.P.C. Such orders are only likely to multiply Patna High Court CR. WJC No.685 of 2022(5) dt.17-10-2022 5/8 the litigation and leave the entire things in a condition from where there will be no resolution of the dispute. It is submitted that there is no bonafide dispute with respect to the land and it is an open and shut case in which the authorities are aware of the forceful possession taken by the extremists violating the order of the competent authorities.
Mr. Iqbal Asif Niyazi, learned AC to GP-5 agrees that it is a case of forceful possession of the property of the petitioner by extremists and that these extremists have violated the order of the competent authority passed under Section 107 Cr.P.C. and 144 Cr.P.C. Learned counsel is, therefore, unable to say as to how in these facts 145 Cr.P.C. proceeding may be initiated. This Court has further perused Annexure-B to the counter affidavit wherein the Sub-Divisional Magistrate, Sadar, Madhubani has referred the report of the Anchaladhikari and has recorded that members of the second party have formed a group and they are involved in forcefully taking possession of the raiyati lands from their owners and putting a red flag thereon and they are also went upon indulging in unlawful acts of assault and murder. He has further described those people as persons who have no connection and nothing to do with the land in question.
In the given facts and circumstance, this Court is of the considered opinion that the order to initiate 145 Cr.P.C. proceeding is wholly uncalled for and is a result of non-application of mind on the part of the District Magistrate, Madhubani. He cannot be allowed to shift his burden of dealing with the miscreants in accordance with law by indulging the petitioner in litigations.
This Court, therefore, directs that no proceeding under Section 145 Cr.P.C. shall be registered. Let the District Magistrate, Madhubani and the Superintendent of Police, Madhubani appear in person in this Court on 17th of October, 2022 with an action taken report in this matter. It will be their Patna High Court CR. WJC No.685 of 2022(5) dt.17-10-2022 6/8 responsibility to get the property in question free from those persons who have according to their own report forcefully occupied the land by use of force and threat and by violating the order of the competent authorities. They have to do it otherwise this Court will have reasons to believe that the State machinery is failed in its duty to protect a person and his property in the State. Let a copy of this order be also communicated to the Director General of Police, Bihar for appropriate directions to deal with the extremists in this case.
List this matter on 17.10.2022."
A counter affidavit filed by the Superintendent of Police, Madhubani has been placed on record and this Court has been pointed out that there is no identification of the signature of the Superintendent of Police, Madhubani.
Since the Superintendent of Police, Madhubani is personally present in Court, this Court finds no infirmity in the affidavit.
Pursuant to the order dated 27.09.2022 passed by this Court, Sri Arvind Kumar Verma, the District Magistrate, Madhubani and Sri Sushil Kumar, the Superintendent of Police, Madhubani are present in person with Mr. Nadim Seraj, learned GP-5 for the State.
Mr. Rajesh Ranjan No.1, learned counsel has put appearance on behalf of the respondent no.14. The Patna High Court CR. WJC No.685 of 2022(5) dt.17-10-2022 7/8 respondent no.14 was said to be a party before the S.D.M., Madhubani and had been noticed but did not choose to appear to contest. Learned counsel does not dispute that the order of the S.D.M. has not been challenged by respondent no.14. So far as the present case is concerned, this Court is dealing with an issue arising out of a law and order problem.
Today, a supplementary counter affidavit has been filed on behalf of the District Magistrate, Madhubani (respondent no.7) and the Superintendent of Police, Madhubani (respondent no.8). In paragraph '7' of the supplementary counter affidavit the following statements have been made:-
"7. That in compliance of the order dated 27.09.2022 passed by the Hon'ble Court in Cr.W.J.C. No.-685 of 2022 land in compliance of order of the District Magistrate, Madhubani as contained in memo no.-2257 dated 06.10.2022 the illegal possession from the entire area 14 katha 14 dhur of the property in question was vacated on 08.10.2022 in presence of the circle officer, Rajnagar, Circle Inspector (incharge) Rajnagar, the S.H.O., Rajnagar, P.S. and police force and the vacant possession was delivered to the petitioner over the land in question to his full satisfaction who has given his written endorsement with respect to the same on the filed note and accordingly the S.D.O, Sadar Madhubani and S.D.P.O, Madhubani submitted a Patna High Court CR. WJC No.685 of 2022(5) dt.17-10-2022 8/8 joint report vide Letter no.-1403, dated 13.10.2022."
Both the officers as well as the learned counsel for the State have submitted that the persons who had forcibly dispossessed the petitioner by violating the order under Section 144 Cr.P.C. and 107 Cr.P.C. have been removed and the possession of the petitioner has been restored. The District Magistrate, Madhubani admits that it is a law and order issue and such action of forceful dispossession and grabbing of property by putting somebody under threat of life would be allowed to be committed and he will personally ensure that the government being in the place of a parent for the citizen of the country, the principles of 'parens patriae' must be applied to protect the life, liberty and property of the petitioner or any other citizen.
In the aforesaid view of the matter, now nothing remains for adjudication in the present writ application. It is being disposed of accordingly.
(Rajeev Ranjan Prasad, J) arvind/-
U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.