Ravindra Singh v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12588 of 2021 ====================================================== Ravindra Singh, son of Late Jamuna Singh, resident of Village- Chhatarpura, P.O. -Devhalia, P.S.- Ramgarh, Dist. Kaimur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat Building, Patna.

2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat Building, Patna. 3.

The District Magistrate, Kaimur at Bhabhua.

4.

The Superintendent of Police, Kaimur at Bhabhua. 5.

The S.H.O., Ramgarh Police Station, Kaimur at Bhabhua. 6.

Rajbansh Singh son of Late Sumer Singh resident of Village Chhatarpura, P.S. Ramgarh, District Kaimur at Bhabhua.

7.

Awadhesh Singh son of Late Sheojee Singh resident of Village Chhatarpura, P.S. Ramgarh, District Kaimur at Bhabhua.

8.

Suresh Singh son of Late Sheojee Singh resident of Village Chhatarpura, P.S. Ramgarh, District Kaimur at Bhabhua.

9.

Saheb Singh son of Late Rama Singh resident of Village Chhatarpura, P.S. Ramgarh, District Kaimur at Bhabhua.

10.

Daroga Singh son of Late Rama Singh resident of Village Chhatarpura, P.S. Ramgarh, District Kaimur at Bhabhua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamala Kant Tiwary, Adv.

For the Respondent/s :

Mr. Standing Counsel-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-09-2025 The instant writ petition has been filed by the petitioner under section 226 of the Constitution of India, seeking the following reliefs :- " I. Issuance of directions orders or writs in the nature of mandamus directing the Respondents not to disturb the petitioner in his peaceful right title and possession over his ancestral

2/4 land bearing Khata No. 38, Thana No. 93 situated at Mauza Chhatarpura, total Area 0.14 decimals which had been allotted to the father of the petitioner by the order passed by the Director of Consolidation, Bihar, Patna in Consolidation Revision Case No. 278/2009 vide order passed on dated 22.11.2010 whereby and where under the aforesaid Learned Court had been pleased to allow the Revision Case No. 278/2009 setting aside the Lower Court's order and directing the Consolidation Officer, Ramgarh to make the necessary correction in the consolidation records of right for recording the name of the father of the petitioner Jamuna Singh against 0.32 decimals and 0.14 decimals of land separately.

II. Issuance of directions orders or writs in the nature of mandamus directing the Respondent S.P., Bhabhua to take immediate action on the representation filed by the petitioner on dated 27.05.2020 wherein the petitioner had craved before the concerned Respondent S.P., Bhabhua in regard to illegal cultivation and capturing of his ancestral land by Rajbansh Singh and others (Private Respondent Nos. 6 to 10) situated at Mauza Chhatarpur bearing Thana No. 93, Khata No. 38, Khesra No. 254, 255, 258 total Area measuring 0.14 decimals.

III. Issuance of direction order or writ in the nature of mandamus directing the S.P., Bhabhua to take immediate action against the S.H.O., Ramgarh Police Station, Kaimur at Bhabhua who had not only made dereliction of his duty by not acting promptly to the complaint made by the petitioner as well as upon the letter dated

3/4 27.05.2020 issued to him by the Superintendent of Police, Bhabhua bearing Memo No. 1247/ज०सं०को० wherein the S.P., Bhabhua had sought for inquiry in the aforesaid matter and to submit the report within 3 days after taking all necessary action in accordance with law.

IV. Any other relief or reliefs for which the petitioner may be deemed entitled to."

2. The main grievance of the petitioner is disturbance to his so-claimed right, title and possession over his ancestral land by private respondent Nos. 6 to 10 and the petitioner's title, right and possession were settled over the land in question vide order dated 22.11.2010 passed in Revision Case No. 278/2009, despite this the private respondents continue to disturb the petitioner's peaceful possession.

3. It is submitted by the petitioner's counsel that the petitioner has filed a petition before the Superintendent of Police, Bhabhua, seeking a direction to the SHO, Ramgarh police station, to take preventive action against the private respondents and safeguard the petitioner's possession over his land. However, till date, no action has been taken either by the Superintendent of Police, Bhabhua, or by the SHO, Ramgarh police station.

4. Though the petitioner has not made out a case for exercising the writ jurisdiction of this Court, however,

4/4 considering his grievance, the Superintendent of Police, Bhabhua is directed to look into the petitioner's matter, particularly in respect of his representation dated 27.05.2020 and take necessary steps to redress the petitioner's grievance. The petitioner will have a liberty to take legal recourse under the relevant provisions of the Civil laws against the alleged act of the private respondents. Accordingly, the instant petition stands disposed of.

5. The petitioner will also have a liberty to file a fresh representation before the Superintendent of Police, Bhabhua, with all the relevant documents, which will also be looked into by the S.P., Bhabhua.

(Shailendra Singh, J) annu/- U