IN THE HIGH COURT OF JUDICATURE AT PATNA MISCELLANEOUS JURISDICTION CASE NO.348 OF 2011 RAMESHWAR SHARMA EX SOLDIER, HOUSE OF KAJAL KIRAN TILAK NAGAR RUKANPURA VETERINARY COLLEGE POLICE STATION PATNA. VERSUS 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BY NAME 2. JITENDRA KR. SINHA, DISTRICT MAGISTRATE, PATNA 3. BY NAME, THE COMMISSIONER PATNA DIVISION 4. PAWAN KUMAR SINHA, SUB DIVISIONAL OFFICER, MASAURHI, PATNA. ---------------------------------- 4. 24.08.2011. The petitioner submits that the Naxalites are not allowing him to take possession of the land. This Court vide order dated 21.7.2010 had observed that if the petitioner files representation before the Sub Divisional Magistrate, Masaurhi he would take steps for restoration of possession of the petitioner over the land which was settled in his favour but still he has not been given possession. The State counsel submits that in view of order of this Court the Sub-divisional officer, Masaurhi directed the DCLR as well as the Circle officer vide letter no. 433 dated 25.3.2011 to visit the land in question personally and to report the required police force for restoration of possession. On receipt of such report, the Sub-divisional officer, Masaurhi demanded police force vide letter no. 506 dated 9.4.2011. Whereafter 15.6.2011 was the date fixed for restoration of possession of the land and the petitioner was 2 noticed about the date. On 15.6.2011, the officials reached the spot and found that there was no encroachment upon the land of the petitioner . On enquiry, villagers stated that the petitioner is not residing in the village since long. Moreso, respondents did not find any encroachment upon the land. In view of the facts and circumstances of the case, this court observes that if the petitioner faces any hindrance with his possession over the land by the miscreants/naxalites, it would be open for him to lodge appropriate case with the local police. The contempt petition is disposed of accordingly. Shashi. (Samarendra Pratap Singh, J.)