IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.727 of 2010 1. BABLOO KUMAR S/O SHEOJI PRASAD SRIWASTAV R/O VILL.- RASULPUR, P.O. RASULPUR, P.S. AMNOUR, DISTT.- SARAN 2. LALAN PRASAD SINGH S/O KISHUN PRASAD SINGH R/O VILL.- RASULPUR, P.O. RASULPUR, P.S. AMNOUR, DISTT.- SARAN Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE HOME COMMISSIONER GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR GENERAL OF POLICE BIHAR, PATNA 4. THE COMMISSIONER SARAN AT CHAPRA 5. THE DISTRICT MAGISTRATE SARAN 6. THE SUPERINTENDENT OF POLICE SARAN AT CHAPRA 7. THE CIRCLE OFFICER AMNOUR 8. THE OFFICER-IN-CHARGE AMNOUR 9. ABHAY SINGH S/O LATE MADAN MOHAN PRASAD SINGH R/O VILL.- RASULPUR, P.S.- AMNOUR, DISTT.- SARAN 10. DINESH KUMAR SINGH S/O RAGHUNANDAN SINGH R/O VILL.- RAHIMPUR, KARN, POST- RASULPUR, P.S. AMNOUR, DISTT.- SARAN ----------- 02. 15.03.2011 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners submit that the lands in question identified as Tauji No. 2726, Khata No. 463, Khesara No. 1120 and 1126 and also Khata No. 43, Khesara No. 1124, have been the subject matter of Title Suit No. 105 of 1946 decreed vide judgment and decree dated 31.1.1949, affirmed in Title Appeal No. 122 of 1949. Second Appeal No. 364 of 1951 has been also dismissed on 8.1.1958. Notwithstanding all the aforesaid private respondent nos. 9 and 10 are seeking to forcibly trespass into the lands of the petitioners. It is the duty of the State to protect the lawful rights and possession of the property of a citizen. The petitioners have represented before the District Magistrate, Chapra at Saran on 2.7.2009 as also the Superintendent of Police. This has 2 been reiterated by another representation on 15.10.2009, notwithstanding which the authorities were declining to consider and act in accordance with law by providing due protection. Learned counsel for the State prays for time to file counter affidavit, but is unable to explain why no counter affidavit has been filed since 2.12.2009, when the application was filed but acknowledges that Fax massage was sent on 31.1.2010 to all the respondents. At this stage, the question for consideration by the Court is not the merits of the matter, but the inability of the respondents and their complete failure not only to discharge their administrative duties on a representation filed by the citizen, let alone assist the Court in dispensation of justice. If a citizen has filed a representation before the District Magistrate and the Superintendent of Police, surely their administrative duties required them to prima facie consider the representation. If satisfied make further enquiries and take appropriate action. If they are not satisfied on the prima facie opinion they have the full authority to pass an order recording reasons to their satisfaction why the matter was beyond their domain. The complete silence to discharge administrative duties, generating litigation, requiring orders of the Court to perform routine administrative duties is difficult to appreciate. Let the District Magistrate and the 3 Superintendent of Police consider the representations of the petitioners in accordance with law and dispose it off after granting him and others concerned a personal hearing also within a maximum period of three months from the date of receipt/production of a copy of this order before them. The petitioners have not made any statement that there are no proceedings of any nature pending between him and the private respondents. That is an aspect which shall have to be specifically asserted and disclosed by the petitioners in their representation before the authorities along with the copy of the present order. The Court has not expressed any opinion on the merits of the claim and nothing in this order shall be deemed, construed or interpreted as any expression of any opinion on the merits of the claims which remains to be decided entirely in the wisdom of the District Magistrate and Superintendent of Police, in accordance with law. The writ application stands disposed in the aforesaid directions. P.K ( Navin Sinha, J.)