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The Patna High Court took a strong stand against bulldozing of a house in the Bihar capital and said the officials appeared to be “hand-in-gloves with the land mafia” and said illegal demolitions have become a “tamasha” (spectacle).
Single judge bench of Justice Sandeep Kumar was hearing the petition filed by Sajoga Devi, a resident of the city’s Bahadurpur locality who had moved the court contending that parts of her house had been “illegally” demolished by the police “though they do not have the authority to do the same”.
In a video of the November 24 hearing that went viral on social media, Justice Sandeep Kumar said pulled up the Bihar police and said, “yahan bhi bulldozer chalne laga… tamasha bana diya ki kisi ka ghar bulldozer se tod denge (Bulldozer is being run here too… this has turned into a spectacle that you will demolish anyone’s house with a bulldozer).”
expressed strong dissatisfaction with the counter affidavit of the SHO of Agamkuan and stated “from the reading of the FIR and counter affidavit by the SHO, it seems that all the officials are hand in gloves with the land mafia and have illegally demolished the house of the petitioner without following the due process of law.”
Judges like him still gives the hope that this illegally legalised bulldozer-crime will end one day. Do watch. Part-1https://t.co/ERIjn1FXSH pic.twitter.com/ogDnZ0ll9h— Tarun Gautam (@TARUNspeakss) December 2, 2022
On November 10, the court had directed the SHO of Agamkuan, the police station concerned, and the state to file a counter affidavit and ordered that “police officials and other respondents be restrained from going near the house of the petitioner.”
The court expressed dissatisfaction on the date of the hearing on November 24 after learning that while a reply had been filed on behalf of the SHO, the state had sought two more weeks’ time to come up with its counter affidavit.
The court took note of the petitioner’s allegation that a “false case” had been filed against Devi “to pressurize them to vacate the land at the instance of land mafia who are private respondents in this case” and restrained the police from arresting any of the persons named as accused.
While he had remarked that the police had assumed the role of a civil court and made caustic reference to the “bulldozer” or illegal demolition, an issue the Supreme Court had pulled with up the Uttar Pradesh government in June, his comments alluding coercive powers of the state was not found in the official order, an PTI report stated.
In the video, he further pulled up “agents” working in the land capture for the mafia and said such acts must be stopped. Justice Kumar further told the counsel of the victim: “I am here to protect you, not to trouble you”, while staying the FIR filed against the victim and her family members.
The court fixed December 8 as the next date of hearing in the matter, directing the SHO and the Superintendent of Police of Patna (East), under whose charge Agamkuan falls, besides Circle Officer, Patna City (revenue department official concerned) to appear in person.
The court also warned that “appropriate order will be passed against” respondents who failed to appear on the next date of hearing.
The Supreme Court had on June told the Uttar Pradesh government that demolitions could happen only in accordance with the provisions of law and could not be retaliatory. The apex court was hearing a plea, moved by the Jamiat Ulama-i-Hind amid row over comments on Prophet Mohammad and subsequent demolition drives.
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