Urmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3965 of 2023 ====================================================== 1.
Urmila Devi wife of Krishna Ram, Resident of Village- Purani Panapur, Danapur, Dinapur- Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, 2.
Jharokha Devi, wife of Arbind Ram, Resident of Village- Purani Panapur, 3.
Sima Devi, wife of Anandi Ram, Resident of Village- Purani Panapur, Panapur, Dinapur- Cum- Khagaul, Digha, Patna, Bihar- 800012, Presently 4.
Rinku Kumari, wife of Devanand Kumar, Resident of Village- Purani Panapur, Digha, Patna, Bihar- 800012, Presently residing in a temporary 5.
Shila Devi, wife of Shyam Babu Ram, Resident of Village- Purani Panapur, Digha, Patna, Bihar- 800012, Presently residing in a temporary shelter at 6.
Pushpa Devi, wife of Dinesh Kumar, Resident of Village- Purani Panapur, Digha, Patna, Bihar- 800012, Presently residing in a temporary shelter at 7.
Basant Ram, Son of Tahsildar Ram, Resident of Village- Purani Panapur, Digha, Patna, Bihar- 800012, Presently residing in a temporary shelter at 8.
Meena Devi, wife of Shambhu Ram, Resident of Village- Purani Panapur, 9.
Ramjyoti Devi, wife of Rajendra Ram, Resident of Village- Purani Panapur, 10.
Sima Devi, wife of Ketu Ram, Resident of Village- Purani Panapur, Panapur, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna. 11.
Sita Devi, wife of Chandkeshwar Ram, Resident of Village- Purani Panapur, Danapur, Dinapur-Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, 12.
Chhathiya Devi, wife of Satyendra Ram, Resident of 42, Nach Bagicha, Ramji Chak, Dinapur- Cum- Khagaul, Patna, Bihar- 800018, Presently 13.
Nirama Devi, wife of Mukesh Ram, Resident of Village- Purani Panapur,
2/8 14.
Sarojani Devi, wife of Ganesh Ram, Resident of Thana- Akkilpur, VillagePurani Panapur, Panapur, Patna, Bihar- 800012, Presently residing in a 15.
Bijesh Kumar, Son of Shiv Dayal Ram, Resident of Village- Purani Panapur, Post- Purani Panapur, Patna, Bihar- 800012, Presently residing in a 16.
Prabha Devi, wife of Rajkumar Ram, Resident of Village- Purani Panapur, Dinapur-Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a 17.
Rekha Devi, Daughter of Kunal Ram, Resident of Mustafapur, Khagaul, Patna, Bihar- 801105, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna. 18.
Roshan Ram, Son of Daroga Ray, Resident of Village- Purani Panapur, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna. 19.
Indu Devi, wife of Rajeshwar Ram, Resident of Village- Purani Panapur, 20.
Sevanti Devi, wife of Preman Ram, Resident of Village- Purani Panapur, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna. 21.
Kusum Devi, wife of Shatruhan Ram, Resident of Village- Purani Panapur, 22.
Kisha Devi, wife of Vimal Ray, Resident of Village- Purani Panapur, Akilpur, Panapur, Patna, Bihar- 800012, Presently residing in a temporary 23.
Sitli Devi, wife of Sipahi Ram, Resident of Village- Purani Panapur, 24.
Rajwanti Devi, wife of Rahul Raushan, Resident of Village- Purani Panapur, Akilpur, Dinapur-Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, 25.
Ranju Devi, wife of Vishwakarma Das, Resident of Dakshini Tola, Purani Panapur, Akilpur, Danapur, Patna, Bihar- 800012, Presently residing in a 26.
Sharda Devi wife of Nagendra Das, Resident of 256, Ramji Chak, Bata Ganj, Digha, Dinapur- Cum- Khagaul, Patna, Bihar- 800018, Presently 27.
Aradhana Kumari, wife of Arun Kumar Ram, Resident of Village- Purani
3/8 Panapur, Panapur, Patna, Bihar- 800012, Presently residing in a temporary 28.
Tarkeshwar Ram, Son of Sukhnandan Ram, Resident of Near Vaishali Floor Mill, Ramji Chak, Bata Ganj, Danapur, Patna, Bihar- 800018, Presently 29.
Akali Devi, wife of Sukhnandan Ram, Resident of Village- Purani Panapur, 30.
Baban Kumar, Son of Sukh Nandan Ram, Resident of Nasriganj, Danapur, Dinapur- Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a 31.
Lakhiya Devi, wife of Havaldar Ram, Resident of Village- Purani Panapur, 32.
Rita Devi, wife of Junrabi Ram, Resident of Panapur, Danapur, DinapurCum- Khagaul Patna, Bihar- 800012, Presently residing in a temporary 33.
Lakshmini Devi, wife of Girja Ram, Resident of Village- Purani Panapur, 34.
Munni Devi, wie of Rajesh Ram, Resident of Village- Purani Panapur, P.S.- Akilpur, Jhabbuchak, Panapur, Patna, Bihar- 800012, Presently residing in a 35.
Urmila Devi, wife of Chandeshwar Ram, Resident of Village- Purani Panapur, Dinapur-Cum- Khagaul, Digha, Patna, Bihar- 800012, Presently 36.
Rekha, wife of Manejar Ram, Resident of Village- Purani Panapur, Digha, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna. 37.
Rina Devi, wife of Dilip Ram, Resident of Village- Purani Panapur, Panapur, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna. 38.
Minta Devi, wife of Malik Ram, Resident of Village- Purani Panapur, 39.
Shree Devi, wife of Muna Ram, Resident of Village- Purani Panapur, 40.
Sumitra Devi, wife of Ajay Ram, Resident of near Brahm Asthan, VillagePurani Panapur, Panapur, Patna, Bihar- 800012, Presently residing in a
4/8 41.
Lalsa Devi, wife of Lalbabu Ram, Resident of Village- Purani Panapur, Danapur, Patna, Bihar- 800012, Presently residing in a temporary shelter at 42.
Aruna Devi, wife of Vijay Ram, Resident of Block, B.S. College, DinapurCum- Khagaul, Danapur, Patna, Bihar- 800012, Presently residing in a 43.
Parwati Devi, wife of Jalendhra Ram, Resident of Village- Purani Panapur, 44.
Budhani Devi, wife of Bihari Ram, Resident of Village- Purani Panapur, Danapur, Dinapur-Cum- Khagaul, Digha, Patna, Bihar- 800012, Presently 45.
Devlatiya Devi, wife of Rampravesh Ram, Resident of Village- Purani Panapur, Panapur, Patna, Bihar- 800012, Presently residing in a temporary 46.
Manorma Devi, wife of Siya Ram, Resident of Village- Purani Panapur, Danapur, Dinapur-Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, 47.
Indu Devi, wife of Ram Kumar Ram, Resident of Village- Purani Panapur, Akilpur, Panapur, Patna, Bihar- 800012, Presently residing in a temporary 48.
Nirama Devi, wife of Jitendra Ram, Resident of Khasapur, Maner, Patna, Bihar- 801108, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna. 49.
Meena Devi, wife of Shukhal Ram, Resident of Nashari Ganj, Biskut Faictry, Dinapur-Cum- Khagaul, Digha, Patna, Bihar- 800012, Presently 50.
Manju Devi, wife of Sanjit Ram, Resident of Village- Purani Panapur, Danapur, Dinapur-Cum- Khagaul, Digha, Patna, Bihar- 800012, Presently 51.
Rina Devi, wife of Dhaneshar Ram, Resident of Village- Purani Panapur, 52.
Bedami Devi, wife of Munshi Ram, Resident of Village- Purani Panapur, Dinapur-Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a 53.
Reema Devi, wife of Ranjay Kumar, Resident of Village- Purani Panapur, 54.
Seema Devi, wife of Lal Saheb Ram, Resident of Village- Purani Panapur,
5/8 55.
Sharda Devi, wife of Kamal Ram, Resident of Village- Purani Panapur, 56.
Mina Devi, wife of Amarnatha Ram, Resident of Village- Purani Panapur, 57.
Sumitra Devi, wife of Damodar Ram, Resident of Village- Purani Panapur, 58.
Sugiya Devi, wife of Jagdish Ram, Resident of Village- Purani Panapur, Dinapur-Cum- Khagaul, Patna, Bihar- 800012, Presently residing in a 59.
Sangita Devi, wife of Sami Ray, Resident of Village- Purani Panapur, Dinapur-Cum- Khagaul, Post- Digha, Patna, Bihar- 800012, Presently 60.
Naresh Ram, Son of Hriday Ram, Resident of Village- Purani Panapur, Panapur, Digha, Patna, Bihar- 800012, Presently residing in a temporary ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 3.
The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Old Secretariat, Patna.
4.
The Principal Secretary, Disaster Management Department, Govt. of Bihar, Sardar Patel Bhawan, Nehru Marg, Patna.
5.
The Special Secretary, Disaster Management Department, Govt. of Bihar, Sardar Patel Bhawan, Nehru Marg, Patna.
6.
The Dirctor, Land Acquisition, Revenue and Land Reforms Dept., Govt. of Bihar, Old Secretariat, Patna.
7.
The Deputy Secretary, Rural Development Department, Govt. of Bihar, Old Secretariat, Patna.
8.
The Divisional Commissioner, Patna Division, West Gandhi Maidan, Patna. 9.
The District Magistrate, District- Patna, Hindi Bhawan, Chajjubagh, Patna. 10.
The Additional Collector, Disaster Management Dept., Patna Collectorate, 11.
The Additional Collector, Revenue, Patna, Patna Collectorate, DistrictPatna. 12.
The Deputy Collector, Land Reforms Department, Danapur, Patna.
6/8 13.
The Sub Divisional Officer, Sub- Division- Danapur, Danapur Cantonment, 14.
The Block Development Officer, Danapur, District- Patna. 15.
The Circle Officer, Circle- Danapur, District- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avanindra Kumar Jha For the Respondent/s :
Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 02-08-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). To hold and declare that action of the respondents concerned in compelling the petitioners by playing fraud/exerting pressure, threat and cheating the displaced mahadalit persons, and extracting consent from 114 families, including these petitioners, to accept the land / plot which is thoroughly unfit & unsafe for human habitation, on account of getting heavily submerged in the river Ganga, during the rainy season every year, due to its geological position (Under the Mahinawa bandh of river Ganga, 20 feet below the average plane in the area, and dangerously susceptible to erosion) is bad in law, arbitrary, discriminatory, against the policy of the state govt., malafide and unsustainable in the eye of law, hence fit to be deprecated by this Hon'ble Court.
(ii) For issuance of appropriate orders, direction
7/8 or writ in the nature of Mandamus commanding the respondents concemed to provide an alternative/safe and habitable land plot, to the petitioners as per the original order / policy contained in Memo Number 1724 dated 28.05.2022 (Annex-9) issued by the District Magistrate Patna.
(iii) For issuance of appropriate orders, direction or writ in the nature of Mandamus commanding the respondents concerned to constitute a high level committee comprising of members as this Hon'ble court deems fit and proper, to enquire into facts of huge corruption and misappropriation of government funds done in the process of allotting land to the petitioners as per order Number 1553 dated 25.05.2022 (Ann8) by the Special Secretary, Disaster Management Dept., Patna of amount of Rs.12,72,00,000.
(iv) For issuance of appropriate orders, direction or writ in the nature of Mandamus, restraining the respondents authorities from making any forceful removal of the petitioners from their temporary shelter, till the time a safe and habitable alternative accommodation /land/plot is provided to the petitioners.
2.
At the outset, the learned counsel for the petitioners submits that the petitioners be granted liberty to approach the District Magistrate, Patna, for redresal of their aforesaid
8/8 grievances, however, the District Magistrate, Patna, be directed to take a decision within a fixed time frame. 3.
Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioners to approach the District Magistrate, Patna, for redressal of their aforesaid grievances and in case, appropriate representation is filed within a period of ten days, the same shall be decided, in accordance with law and a reasoned and a speaking order shall be passed thereon by the District Magistrate, Patna, within a period of four weeks, thereafter.
(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 2.8.2023 Transmission Date NA