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Patna High Court

Sukhai Rishidev and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court granted the petitioners liberty to approach the Sub‑Divisional Magistrate and Superintendent of Police for relief and disposed of the writ petition.

Summary

The petitioners, members of a Scheduled Tribe, alleged that local majority-caste groups, with the collusion of officials, were unlawfully dispossessing them of land allotted to them under the Bhudan Yojna. They filed a writ petition seeking a blanket direction to protect them from atrocities, compensation for losses, withdrawal of criminal cases filed against them as a pressure tactic, and initiation of proceedings against errant officials. The petition also requested confirmation of their land titles. The High Court, after hearing counsel for both sides, did not pass any substantive orders on the merits but granted the petitioners liberty to approach the Sub‑Divisional Magistrate and the Superintendent of Police for relief. Consequently, the writ petition was disposed of without further direction.

Issues considered

  • Whether the court should issue a writ directing authorities to protect the petitioners from alleged atrocities and unlawful land dispossession
  • Whether the criminal cases filed against the petitioners should be withdrawn as a pressure tactic
  • Whether compensation and confirmation of land titles should be ordered by the court

Subjects

  • Scheduled Tribe
  • atrocities
  • land rights
  • Bhudan Yojna
  • writ petition
  • protection order
  • compensation
  • criminal case withdrawal
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16288 of 2018
                 ======================================================
           1.     Sukhai Rishidev and Ors Son of Chintu Rishidev, Resident of Ward No. 08,
                  P.O.-Parwaha, Saifganj, District-Araria Bihar.
           2.    Dhaneshwar Rishidev, Son of Arjun Rishidev, Resident of Kaloni Tola, Ward
                 No. 08, Saifganj, P.O.-Parwaha, P.S.-Forbesganj, District-Araria.
           3.    Yogendra Rishidev, Son of Phudan Rishidev, Resident of Village P.O.-Ward
                 No.08, Saifganj, P.O.-Parwaha, P.S.-Forbesganj, District-Araria.
           4.    Kameshwar Paswan, Son of Dashrath Paswan, Resident of Ward No. 08,
                 Saifganj, P.O.-Parwaha, P.S.-Gorbesganj, District-Araria.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar and Ors
           2.    The Collector, Araria.
           3.    The Sub-Divisional Officer, Forbesganj, District-Araria.
           4.    The Deputy Collector Land Reforms, Forbesganj, District-Araria.
           5.    The Anchaladhikari, Forbesganj, District-Araria.
           6.    The Superintendent of Police, Araria.
           7.    The Deputy Superintendent of Police, Forbesganj, District-Araria.
           8.    The Officer-in-Charge, Forbesganj Police Station, District-Araria.
           9.    Satya Narayan Yadav Son of Late Kusai Yadav Resident of Village-ill-
                 Saifganj, Ward no.7, P.S.-Forbesganj, District-Araria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Mukund, Adv.
                 For the Respondent/s     :       Mr. Raj Kishore Roy- Gp18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   27-01-2026                   Heard Mr. Purnendu Keshav, learned counsel for the

                   petitioners and Mr. Vivekanand Singh, learned State Counsel.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (i) a blanket direction to the
                                              authorities in the nature of a Writ, or
Patna High Court CWJC No.16288 of 2018(5) dt.27-01-2026
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                                 direction to protect the petitioners belonging
                                 to a Scheduled Tribe from unlawful atrocities
                                 committed on them in collusion with the
                                 local majority caste indulged in taking
                                 unlawful possession of the land by driging
                                 the     lawful     owners    away    from    their
                                 immovable property acquired by them from
                                 the Bhudan Yojna (Yagya) Committee,
                                 Araria.
                                              (ii) to further direct the authorities
                                 to pay suitable compensation for the injuries
                                 sustained by the petitioners and the constant
                                 threat to abstain from the land for which the
                                 Petitioners have got Parchas of the lands
                                 issued in their name and the confirmation of
                                 their names with regard to the lands.
                                              (iii) to direct the authorities to
                                 withdraw the criminal cases against them
                                 which have been filed only as a Pressure
                                 tactics to coerce them into relinquishing their
                                 claim over their land which they have got in
                                 their name on the basis of the Parchas issued
                                 to them by the Bhudan Yagya Committee of
                                 Araria.
                                              (iv) to institute criminal cases
                                 and/or initiate departmental proceedings
                                 against the erring officials indulged in
                                 committing atrocities against the petitioners
                                 for driving them away from their land.
                                              (v) Any other relief(s) as Your
           Patna High Court CWJC No.16288 of 2018(5) dt.27-01-2026
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                                            Lordships may deem fit and proper in the
                                            facts and circumstances of the case.
                                 3.    After some argument, learned counsel for the

                     petitioners submit that they shall be moving before the Sub-

                     Divisional       Magistrate,     Forbesganj,    Araria   as   also   the

                     Superintendent of Police, Araria for the said prayer.

                                 4. Granting said liberty and expecting the respondents

                     to act in accordance with law on any such petition preferred by

                     the petitioners, the writ petition is disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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