Kishori Sharan Shukla Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10431 of 2023

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Kishori Sharan Shukla son of Late Ram Prabodh Shukla, resident of VillageSonai, P.S.-Kirhar, District-Madhubani.

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Sita Sharan Shukla, Son of Late Ram Prabodh Shukla, resident of VillageSonai, P.S.-Kirhar, District-Madhubani.

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Shyam Narayan Shukla, son of Late Ram Chandra Shukla, resident of Village-Sonai, P.S.-Kirhar, District-Madhubani.

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Rajnish Kumar Jha, son of Late Jatadhar Jha, resident of Village-Sonai, P.S.Kirhar, District-Madhubani.

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Rajeshwar Jha, son of Late Lotan Jha, resident of Village-Sonai, P.S.-Kirhar, District-Madhubani.

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Akhilesh Kumar Jha, son of Bechan Jha, resident of Village-Sonai, P.S.Kirhar, District-Madhubani.

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Chandra Kant Jha, son of Late Dev Narayan Jha, resident of Village-Sonai, P.S.-Kirhar, District-Madhubani.

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Shyam Sundar Jha, son of Late Asharafi Jha, resident of Village-Sonai, P.S.Kirhar, District-Madhubani.

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Vijay Kant Jha, son of Late Bhogendra Jha, resident of Village-Sonai, P.S.Kirhar, District-Madhubani.

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Digambar Jha, son of Late Kameshwar Jha, resident of Village-Sonai, P.S.Kirhar, District-Madhubani.

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Ranjit Jha, son of Late Staya Narayan Jha, resident of Village-Sonai, P.S.Kirhar, District-Madhubani. ... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

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The District Magistrate, Madhubani. 3. The Superintendent of Police, Madhubani. 4. The Civil S.D.O. Benepatti, Madhubani. 5. The S.D.P.O. Benepatti, Madhubani. 6. The Circle Officer, Harlakhi, Madhubani. 7. The Officer-in-Charge, Kirhar, Madhubani. ... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Singh Mr. Asit Kumar Jha

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For the Respondent/s : Mr. Manish Kumar, GP-4 Mr. Manoj Kumar, AC to GP-4

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Patna High Court CWJC No.10431 of 2023(2) dt.29-04-2025 2/6

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 29-04-2025 1. Heard learned counsel for the petitioners and

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learned AC to GP-4 for the State.

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The learned counsel appearing on behalf of the petitioners submits that the instant writ application has been filed for a direction upon the respondents for restoration and possession of the raiyati land and mango orchard of the petitioners total area about 20 acres (as detailed at Para 5 of the writ petition), is grabbed by the miscreants/land grabbers (claiming themselves as a cadre of CPIML) on 01.05.2021 by erecting hut and putting red flags on the land in question and despite the numerous written complaints/representation made to the respondent authorities, they have failed to discharge their statutory duty as well as constitutional obligation towards the citizens.

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At this stage, the learned counsel appearing on behalf of the State submits that in sum and substance, the relief claimed by the petitioners in the instant writ application is that they want their possession back on their land which according to them stands grabbed by land grabbers.

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The learned State counsel, thereafter, draws the attention of the Court to Annexure-8 of the writ application to

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Patna High Court CWJC No.10431 of 2023(2) dt.29-04-2025 3/6

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submit that petitioners herein had earlier moved this Court by filing CWJC No. 5880 of 2022 and the reliefs sought in CWJC No. 5880 of 2022 were: “(i) Issuance of an appropriate writ/writs, order/orders, direction/directions to the Respondent authorities to consider and redress the grievances of the petitioners forthwith mentioned in the Memo No. 3031 dated 07.06.2021 contained in Annexure-4 of the writ petition; (ii) Issue a writ, order or direction in the nature of Mandamus commanding the Respondents to provide appropriate protection to the villagers of the Village-Sonai from the Land grabbers and restore the rule of law; (iii) Issue of writ, order or direction to the Respondent authorities to take immediate steps in accordance with law against the illegal action of the criminals/land grabbers, who have forcibly entered into the raiyati land of the petitioners by restoration of status quo ante by putting the petitioners back into the possession in view of the proceedings dated 10.6.2021 contained in the Annexure-5 of the writ petition; (iv) To consider the instant writ petition as PIL and be pleased to command the Respondent authority to take immediate steps for impartial investigation and come with definite action plan under the supervision of higher authority for the protection of life and property of innocent citizens from

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Patna High Court CWJC No.10431 of 2023(2) dt.29-04-2025 4/6

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the criminals/land Mafia which have recently surged in the entire Madhubani district; (v) and other relief/reliefs in the facts and circumstances of the case."

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The learned counsel appearing on behalf of the State next submits that CWJC No. 5880 of 2022 was disposed of by an order dated 24.06.2022 in the following terms:- (a) Liberty reserved to the petitioners to take recourse to such remedies as are otherwise available in accordance with law; (b) We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (c) The authority concerned shall consider and dispose of the matter expeditiously by a reasoned and speaking order preferably within a period of four months from the date of approaching the petitioners before the appropriate authority; (d) Needless to add, while considering and deciding the matter, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Liberty reserved to the petitioners to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action; (f) We have not expressed any opinion on merits. All issues are left open; (g)

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Patna High Court CWJC No.10431 of 2023(2) dt.29-04-2025 5/6

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The proceedings, during the time of current Pandemic- Covid19, shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

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The learned State counsel, thus, submits that the prayer made in the instant writ application is akin to the prayer made in CWJC No. 5880 of 2022 and CWJC No. 5880 of 2022 was disposed in the aforesaid terms. It is also submitted that petitioners are aggrieved by the fact that land grabbers have grabbed the land of the petitioners by making hut and putting red flag, but then none of the miscreants against whom it is being alleged that they forcibly came on the land of the petitioners are made party in the instant writ petition, it is further submitted that no doubt right to property is a constitutional right, but then if any dispute arises in that event the parties have the remedy of approaching a Court of competent civil jurisdiction for redressal of their grievance. It is also submitted that petitioners admit that they have been dispossessed from their land by the land grabbers as such, the district authorities will not be in a position to enter into an arena of dispute which is to be adjudicated by a Court of competent civil jurisdiction.

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