Patna High Court
Sukhai Rishidev and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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- Whether the criminal cases filed against the petitioners should be withdrawn as a pressure tactic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
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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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