Patna High Court
Jagannath Jha vs The State Of Bihar And Ors on 10 July, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2132 of 2019
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Jagannath Jha S/o Late Raj Narayan Jha Vill.-Bhavanipur, Ps.-Sakari, Distt.-
Madhubani
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Home (Police),
Department, Government of Bihar, Patna
2. The Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna
3. The District Magistrate Madhubani
4. The Superintendent of Police Madhubani
5. The Sub Divisional Officer Sadar, Madhubani
6. The Competent Authority-cum-Deputy Collector Land Reforms, Madhubani
7. The Circle Officer Pandaul, Distt.-Madhubani
8. Mahendra Saday S/o Late Lakhan Saday Vill.-Bhavanipur, Ps.-Sakari,
Distt.-Madhubani
9. Gonour Saday S/o Late Gulten Saday Vill.-Bhavanipur, Ps.-Sakari, Distt.-
Madhubani
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh, Advocate
For the State : Mr. Md. Fazle Karim (AC to SC-1)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 10-07-2025
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
directing the respondents to get the land of the petitioner cleared
from illegal possession of respondents nos.8 to 9 and other
members of their community and to get the possession of the
petitioner restored over his land after evicting respondent nos.8
Patna High Court CWJC No.2132 of 2019 dt.10-07-2025
to 9 and other members of their community from the land in
question.
3. Learned counsel for the petitioner submits that the
petitioner is a senior citizen and now aged about 88 years, but at
the time of filing this writ petition, he was 82 years. Counsel
submits that the order was in favour of the petitioner passed by
the B.L.D.R in Case No.170/2011-12 which is annexed as
Annexure-1. Counsel submits that in the light of the said order,
authorities used to measure the land and bifurcate, but again the
private respondents used to disturb and put flag (jhanda) on the
petitioner's land. Counsel submits that the petitioner has again
moved before this Hon'ble Court in C.W.J.C. No. 23716 of
2013 in which vide order dated 15.07.2016, order was passed in
favour of the petitioner. But, few days after compliance of order
made in Annexure-1, again the private respondents started
disturbing the petitioner. Counsel further submits that vide
Annexure-4, the Circle Officer has demanded the police
protection, but even then, the order could not be complied with.
4. Learned counsel for the petitioner has raised
provision of law as mentioned in section 31 of the Bihar Police
Act, 2007 where role, function and duty of police has been
defined. He submits that under section 31(a) of the Bihar Police
Patna High Court CWJC No.2132 of 2019 dt.10-07-2025
Act, 2007, it is the duty of the police to follow law and
implement them in a fair manner and protect the life, liberty,
property and the human rights along with the dignity of the
public.
5. Learned counsel for the State submits that since,
the order is in favour of the petitioner, therefore, with a view to
maintain the law of the land, protection should be granted to the
petitioner. Counsel further submits that the power of execution
is also vested to the B.L.D.R.
6. It transpires to this Court that the petitioner is a
senior citizen of the State and the State has already framed a law
for senior citizens in which responsibility has been casted upon
the police and the District Magistrate to look after and protect
the senior citizen's life and property, namely Bihar Maintenance
& Welfare of Parents & Senior Citizens Rules, 2012 whose
Clause 22 is very much relevant which deals with Action plan
for the protection of life and property of Senior Citizens which
states as follows:-
"22. Action plan for the protection of life and
property of Senior Citizens.
(1) The District Superintendent of Police and
in the case of cities having a Police
Commissioner, such Police Commissioner
shall take all necessary steps, subject to such
Patna High Court CWJC No.2132 of 2019 dt.10-07-2025
guidelines as the Government may issue from
time to time for the protection of life and
property of senior citizens.
(2) Without prejudice to the generality of
sub-rule (1):
(i) each police station shall maintain an up-
to-date list of senior citizens living within its
jurisdiction, especially those who are living
by themselves (i.e. without there being any
member in their household who is not a
senior citizen);
(ii) a representative of the police station
together as far as possible, with a social
worker or volunteer, shall visit such senior
citizens at regular intervals of at least once
a month, and shall, in addition, visit them as
quickly as possible on receipt of a request of
assistance from them;
(iii) complaints/problems of senior citizens
shall be promptly attended to, by the local
Police;
(iv) one or more Volunteers' Committee(s)
shall be formed for each Police Station
which shall ensure regular contact between
the senior citizens, especially those living by
themselves, on the one hand, and the police
and the district administration on the other;
Patna High Court CWJC No.2132 of 2019 dt.10-07-2025
(v) the District Superintendent of Police or,
the Police Commissioner as the case may
be, shall cause to be publicized widely in the
media and through the Police Stations, at
regular intervals, the steps being taken for
the protection of life and property of senior
citizens;
(vi) each Police Station shall maintain a
separate Register containing all important
particulars relating to offences committed
against Senior Citizens as in Annexure IV;
(vii) the Register referred to in clause (vi)
shall be kept available for public inspection,
and every officer inspecting a Police Station
shall invariably review the status as entered
in the Register;
(viii) the Police Station shall send a monthly
report of such crimes to the District
Superintendent of Police by the 10th of
every month;
(ix) list of Do's and Don'ts to be followed by
senior citizens, in the interest of their safety
will be widely publicized;
(x) antecedents of domestic servants and
others working for senior citizens shall be
promptly verified, on the request of such
citizens;
Patna High Court CWJC No.2132 of 2019 dt.10-07-2025
(xi) community policing for the security of
senior citizens will be undertaken in
conjunction with citizens living in the
neighborhood, Residents' Welfare
Associations, Youth Volunteers, Non-
Government Organizations, etc;
(xii) the District Superintendent of Police
shall submit to the Director General of
Police and to the District Magistrate, a
monthly report by the 20th of every month,
about the status of crimes against senior
citizens during the previous month,
including progress of investigation and
prosecution of registered offences, and
preventive steps taken during the month, as
in Annexure V;
(xiii) the District Magistrate shall cause the
report to be placed before the District level
Committee constituted under rule 24;
(xiv) The Director General of Police shall
cause the reports submitted under clause
(xii) to be compiled, once a quarter, and
shall submit them to the Government every
quarter as well as every year for, inter-alia,
being placed before the State Council of
Senior Citizens constituted under rule 23."
7. In the light of the aforementioned law which is
Patna High Court CWJC No.2132 of 2019 dt.10-07-2025
framed by the State of Bihar, liberty is hereby granted to the
petitioner to file an application before the Superintendent of
Police, Madhubani (Respondent no.4) under the Bihar
Maintenance & Welfare of Parents & Senior Citizens Rules,
2012 and the Superintendent of Police, Madhubani with the help
of Circle Officer is directed to implement the decision made in
Annexure-1 once again and directs the SHO of the concerned
police station to take responsibility as mentioned in the light of
aforementioned law.
8. Accordingly with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 14/07/2025
Transmission Date NA
