IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13297 of 2009 1. UMESH KUWANR S/O LATE GAYA KUNWANR VILL.- SIKARPUR, P.S.-SIKTA, DISTT.- WEST CHAMPARAN 2. RAMESH KUMAR SARRAF S/O LATE CHHOTELAL PD. SARRAF VILL., P.O. & P.S.- SIKTA, DISTT.- WEST CHAMPARAN 3. RAMPARI DEVI W/O RAM SHANKAR PRASAD, SARRAF VILL., P.O. & P.S. - SIKTA, DISTT.- WEST CHAMPARAN 4. ABHAY KUMAR S/O SRI BISHWANATH PRASAD VILL., P.O. & P.S.- SIKTA, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE WEST CHAMPARAN AT BETTIAH 3. THE DEPUTY COLLECTOR LAND REFORMS, NARKATIYAGANJ, DISTRICT- WEST CHAMPARAN AT BETTIAH 4. THE SUB DIVISIONAL MAGISTRATE NARKATIYAGANJ, DISTT.- WEST CHAMPARAN AT BETTIAH 5. CIRCLE OFFICER CIRCLE OFFICE SIKTA, DISTT.- WEST CHAMPARAN AT BETTIAH 6. OFFICER-IN-CHARGE SIKTA POLICE STATION, DISTT.- WEST CHAMPARAN AT BETTIAH ----------- For the Petitioners : Mr. Shivendra Pandey, Sr.Adv. For the State : A.A.G.-6 3 12.3.2010 Petitioners challenge that they have purchased small piece of land and wanted to construct their house. They are being opposed by some local anti social elements. First a question was raised as to their right in respect of their land, which was decided by D.C.L.R in their favour holding that the petitioners are duly recognized raiyats. Now when they wanted to construct, anti social elements are creating problems one way or the others and the petitioners have been approaching district authority of Narkatiaganj for protection without any result. Learned counsel for the State was asked to file a detailed counter affidavit but neither any instruction has been received by the State counsel nor any counter affidavit has been filed. - 2 - In my view, no useful purpose would be served in keeping this writ petition pending. I, therefore, direct the petitioners to make an application before the Sub-divisional Officer, Narkatiaganj, who also exercises the power of Subdivisional Magistrate, clearly pointing out the person or a group of persons, who are disturbing the peaceful possession of the petitioners. The Sub-divisional Officer, if he finds that the claim of the petitioners is genuine and petitioners genuinely apprehend threat to their life and property, he would take appropriate steps in the matter restricting the said threat and depute police to see that the petitioners are not disturbed while enjoying their property. If such an application is filed by the petitioners, the Sub- divisional officer would take appropriate action in the matter in accordance with law within a period of one month. With the aforesaid observations and directions, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)