Patna High Court - Orders
Shruti Dhari Singh vs State Of Bihar Through Chief Secretary, ... on 27 September, 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
======================================================
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 Bihar
3. The Additional Chief Secretary-Cum-Principal Secretary, Department Of
Home, Govt. Of Bihar, Patna Bihar
4. Director General Of Police, Bihar, Patna Bihar
5. The Commissioner, Mithila Division, Darbhanga Darbhanga
6. The Inspector General Of Police, Darbhanga Darbhanga
7. The District Magistrate, Madhubani Madhubani
8. The Superintendent Of Police, Madhubani Madhubani
9. The Sub Divisional Officer, Sadar Madhubani, District-Madhubani.
Madhubani
10. The Block Development Officer, Rajnagar, District-Madhubani Rajnagar
11. The Circle Officer, Rajnagar, District-Madhubani Rajnagar
12. The Officer In Charge, Rajnagar Police Station, District-Madhubani
Rajnagar
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
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Adv.
For the Respondent/s : Mr.Iqbal Asif Niyazi, AC to GP-5
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 27-09-2022Learned counsel for the petitioner has drawn the attention of this Court towards the last part of the order Patna High Court CR. WJC No.685 of 2022(4) dt.27-09-2022 2/5 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 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 Patna High Court CR. WJC No.685 of 2022(4) dt.27-09-2022 3/5 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 Patna High Court CR. WJC No.685 of 2022(4) dt.27-09-2022 4/5 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 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.
Patna High Court CR. WJC No.685 of 2022(4) dt.27-09-2022 5/5 List this matter on 17.10.2022.
(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'.