Patna High Court
Mrs. Meera AzadversusThe State of Bihar through District Collector,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that no positive direction could be issued in the petitioner's favour due to lack of measurable evidence and pending investigation, and therefore disposed of the writ petition.
Summary
Mrs. Meera Azad filed a writ petition seeking compensation of Rs.40,00,000 for alleged theft of soil from her agricultural field and a direction to the police to lodge an FIR against Subodh Kumar and unknown persons. The petitioner alleged that the respondents, including the Circle Officer and SHO, failed to act and that Subodh Kumar, a contractor, used force to intimidate her. The court noted that the site was still flooded, preventing measurement of the alleged loss, and that the petitioner's allegations against the police officials were not substantiated. Consequently, the court held that it could not issue any positive direction for compensation or FIR registration. The court advised the petitioner to approach the District Collector with supporting documents within four weeks, and the writ petition was disposed of with observations.
Issues considered
- Whether the High Court can direct the police to register an FIR against the alleged perpetrators in a writ petition.
- Whether the court can award monetary compensation for alleged theft of soil when the loss cannot be measured.
- Whether the writ court has jurisdiction to compel the respondents to take action in the absence of concrete evidence.
Subjects
- writ petition
- compensation
- theft of soil
- agricultural land
- FIR
- district collector
- civil writ jurisdiction
- police duty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24580 of 2018
======================================================
Mrs. Meera Azad W/o Late Ramesh Chandra Azad R/o Village - Etawari Tola
Erayee, P.O. Erayee, P.S-Shahjahanpur, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through District Collector, Patna.
2. The Cicle Officer, Circle Daniyawan, P.S Shahjahpur, District-Patna
3. Police Incharge/S.H.O Shahjahanpur, Patna.
4. Subodh Kumar S/o Sukhdev Mahto, R/o Badi Kebai, PS Shahjahanpur, Dist-
Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Narendra Kumar Sharma, Adv.
For the Respondent/s : Mr. Raj Kishore Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 02-02-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) That this writ application is
being writ/writs/directing the appropriate
respondent filed for issuance order/orders
Respondents action against who No.4
offence of theft/Robbery by cutting 8' of an
appropriate Commanding/to take the have
committed (Eight property) landed Feet soil
deep from area 51 admeasuring Field
Decimal belonged to the Petitioner and make
payment of compensation amount of
Rs.40,00,000/-Forty (Rupees lakhs) accruing
market value of soil and the damage caused
Patna High Court CWJC No.24580 of 2018(5) dt.02-02-2026
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to the Agricultural field of the petitioner.
(ii) Petitioner further prays for a
direction upon Respondent No.3 to
lodge/institute an F.I.R. against Respondent
No.4 and unknown others who committed
offence of theft by cutting soil from the
raiyati field of the petitioner without her
consent.
(iii) Further prays for any relief or
reliefs for which she found entitled according
to law of land.
3. Pursuant to the last order, Mrs. Gita Kumari, Circle
Officer, Daniyawan and Mr. Munna Das, SHO, Shahjahanpur
are present in the Court.
4. The report of the SHO shows that both the Circle
Officer, Daniyawan and the SHO, Shahjahanpur went on the
spot on 31.01.2026 where the Deputy Sarpanch and the
petitioner were also present and the area has been shown in the
connecting photograph as still flooded with water. In that
background, no measurement could be done and upon enquiry, it
has been informed that the same is not possible till April, 2026.
6. It has further been recorded in the report of the
SHO that for the railway line, the railways had undertaken some
work for which the petitioner has also received amount from the
railways.
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7. It is to be noted that the railways have not been
made as party respondent in this case though one Subodh
Kumar, son of Sukhdev Mahto under the Shahjahanpur Police
Station has been made party respondent no. 4 and the contention
of the petitioner is that he being the contractor, uses his force to
intimidate the lady.
8. If the contention of the petitioner is correct, the
SHO, Shahjahanpur is duty-bound to take appropriate action if
he receives any complaint/petition of a citizen much less the
petitioner.
9. So far as the prayer of the petitioner is concerned,
since the area is still filled with water, further, an allegation of
theft and robbery has been made against the then C.O. and the
SHO without making them party respondents in the case, in the
opinion of the Court, no positive direction can be issued in her
favour.
10. If she so wants, can approach the respondent-
Collector, Patna (respondent no. 1) along with all the supporting
documents in next four weeks, the concerned respondent shall
be hearing her as also the other respondents including the
railways and shall be passing an appropriate order.
11. The personal appearance of Mrs. Gita Kumari,
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Circle Officer, Daniyawan and Mr. Munna Das, SHO,
Shahjahanpur are dispensed with.
12. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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