Satyendra Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6837 of 2023 ====================================================== Satyendra Kumar Roy S/o Gopalji Rai, Permanent Residence of VillageDumduma, P.S.- Kudhani, District- Bhabhua (Kaimur) and at present Residence of Dafi, Narayanpur, Naipura Khurd, P.S.- Lanka, Varanasi (U.P.)- 221011 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Rohtas at Sasaram.

3.

The Superintendent of Police, Rohtas at Sasaram. 4.

The Sub Divisional Officer, Sasaram (Rohtas). 5.

The Circle Officer, Kochas (Rohtas) 6.

The State on House Officer, Kochas Police Station (Rohtas). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kumar, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For taking appropriate action against the SubDivisional Officer Sasaram (Rohtas) and Circle Officer, Kochas to make them accountable for their gross negligence and complete inaction to safeguard the interest of land holder on the land in question from the alleged disturbances caused for last two years by the anti-social elements of Village Anhari (Rohtas) who illegally claim themselves to be the red card holders. There are several orders of Learned Bihar Land Tribunal, Honorable High Court

Patna High Court CWJC No.6837 of 2023(2) dt.06-11-2023 2/3 together with the specific orders of District Magistrate, Rohtas, S.P. Rohtas to S.D.O. Sasaram, C.O. Kochas in this regard to take appropriate action against the illegal red card holders but despite that no action are being taken up by the SubDivisional Officer Sasaram (Rohtas) and Circle Officer, Kochas (Rohtas) (who also happens to be receiver of the land in question) against the illegal red card holders for their alleged crime. It is relevant to state here that the illegal red card holders in every cropping Season captures the land in question and illegally harvest the standing crop on it for which as many as six F.I.R.s have been lodged against them.

(ii) For giving a direction to circle officer Kochas (Rohtas) to refund the auction money taken by him from petitioner for doing cultivation of rabi crop on land in question and further pay adequate compensation for his complete loss agriculture income in view of the fact that due to his gross negligence and inaction the standing rabi crop on the land in question have been illegally harvested by the said illegal red card holders for which the petitioner have also lodged F.I.R. against the said accused persons vide Kochas P.S. Case No.- 123/2023.

(iii) For giving a direction to concerned respondent authorities to take appropriate action and make necessary arrangement to prevent the illegal red card holders in causing any disturbances on the land

Patna High Court CWJC No.6837 of 2023(2) dt.06-11-2023 3/3 in question in the coming cultivation season of Kharif crops further the accountability should be fixed on them for any kind of failure/ negligence/ inaction to check the alleged disturbances of illegal red card holders on the land in question in future."

2. At the outset, the learned senior counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Rohtas at Sasaram for redressal of his aforesaid grievances, however, seeks a direction upon him to consider the case of the petitioner expeditiously. Liberty so sought is granted.

3. It is needless to state that in case the petitioner files appropriate representation before the District Magistrate, Rohtas at Sasaram, within a period of four weeks from today, he shall dispose off the same expeditiously.

4. The present writ petition stands disposed off. (Mohit Kumar Shah, J) sonal/- U