IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5204 of 2011 MUNNA PRASAD . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 25/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. It is submitted that Title Suit No.398/07 was filed for confirmation of right, title and possession by the father of the petitioner. It has been decreed by the Sub-judge-8, East Champaran at Motihari by judgement and decree dated 10.12.2010/20.12.2010. Nonetheless, the possession and enjoyment of the petitioner is forcefully being interfered with by the private respondents who were forcefully cutting the crops of the petitioner. Learned counsel for the State submits from the pleadings that Paharpur P.S. Case No.59/08 has already been lodged by the petitioner. The petitioner may approach the competent court for execution in a civil execution proceeding. If the petitioner has the decree of a competent civil court confirming his right, title and possession, the question of his instituting any execution proceedings for recovery of possession does not arise. His possession declared by the competent court of law vis-à-vis others is required to be protected by the State. If a First Information 2 Report has been registered, the police has a statutory duty to investigate and submit a report before the court concerned. The petitioner is stated to have represented before the Superintendent of Police, East Champaran at Motihari who is expected to act in accordance with law on the complaint of the petitioner in light of the present discussion. Since the writ petition is being disposed off ex parte, if before acting on the representation of the petitioner the Superintendent of Police is of the opinion that he requires any clarification in the nature of the property dispute between the petitioner and the private respondents, nothing precludes him from calling upon the private respondents to satisfy himself and thereafter proceed in accordance with law. The writ application stands disposed. KC ( Navin Sinha, J.)