IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16594 of 2009 1. LAXMI NARAYAN RAM S/O LATE RAMUCHIT RAM VILL.- RAM NAGAR DIYARA, P.S.- ATHMALGOLA, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY LAND REFORMS DEPARTMENT, OLD SECRETAIAT, PATNA 2. THE DISTRICT MAGISTRATE PATNA 3. THE SENIOR SUPERINTENDENT OF POLICE PATNA 4. THE SUPERINTENDENT OF POLICE, RURAL PATNA 5. THE SUPERINTENDENT OF POLICE BARH, DISTT.- PATNA 6. THE SUBDIVISIONAL OFFICER BARH, DISTT.- PATNA 7. THE CIRCLE OFFICER ATHMALGOLA CIRCLE, ATHMALGOLA, DISTT.- PATNA 8. THE OFFICER IN CHARGE ATHMALGOLA POLICE STATION, DISTT.- PATNA ----------- 2. 6.12.2010 Heard learned counsel for the petitioner and the State. The relief sought in the application is to provide Police protection and deputation of police force for ensuring cultivation over the lands in possession of the petitioner stated to have been settled in his favour by grant of ‘Parcha’. The lands are identified as 62.5 decimals of lands situated on Plot No. 8092/8905 situated invillage and Panchayat Ram Nagar Diyara Circle Athmolgola, Thana No. 148/314. Separate counter affidavits have been filed on behalf of the Circle Officer, Athmolgola and the officer incharge of Athmolgola Police Station. The former takes it beyond the pale of any controversy that the petitioner is a settlee of the lands and that a Parcha has been issued to him. It denies 2 the allegations that protective measures had not been taken asserting that the respondents are prompt in taking legal action and shall not permit any unlawful act. The petitioner had not made any complaint against any individual. If any complaint is received naming any persons proper action shall be taken. Simultaneously, the Circle Officer states that the petitioner was expecting undue assistance beyond the provisions of law and power of the respondents. He had not filed any complaint in the Police station or the civil Court against the imaginary persons against whom he makes allegations. The counter affidavit of the Circle Officer suffers from vagueness and non application of mind as apparent from the counter affidavit of the officer incharge Athmalgola Police Station. The counter affidavit of the latter states that based on memo no. 6995 dated 29.12.2008 by the Sub Divisional Officer, he had enquired and submitted his report on 18.10.2009 in pursuance of which Section 107 Cr. P.C. proceedings have been initiated against 65 named persons. This is apparently in conflict with the statement made by the Circle Officer before this Court, which is very serious matter. The officer incharge also states that he has submitted a report to the 3 Superintendent of Police, Barh on 29.11.2009 and that the Chowkidar has been deputed to ensure that no untoward incident took place. Protection of the life and liberty of the citizen is the bounden duty of the Police. This Court accepts the statements made by the Officer Incharge, Athmolgola Police Station in its counter affidavit that he is taking all necessary prompt action to safeguard the life and liberty of the petitioner. Accepting the solemn assurances on his behalf, the Court disposes off the application with the hope and assurance that the Officer Incharge shall stand by the solemn assurance that he has made to the Court to protect the life and liberty of the citizen. The writ application stands disposed in the aforesaid terms. P. Kumar ( Navin Sinha, J.)