IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8646 of 2010 1. Jaggu Prasad Singh S/O Late Akalu Singh, R/O Village Mubarakpur, Tola Dhamaria Bigha,Police Station Islampur,District-Nalanda (Bihar) - Petitioner. Versus 1. The State Of Bihar. 2. The District Magistrate,Biharsharif,Nalanda. 3. The Sub Divisional Officer,Hilsa, Nalanda. 4. The Circle Officer, Islampur, District- Nalanda. 5. Rajendra Yadav, S/O Late Banshi Yadav, R/O Village Damaria Bigha, P.S.-Islampur, District- Nalanda. 6. Lala Yadav, S/O Late Banshi Yadav, R/O Village Damaria Bigha, P.S.- Islampur, District- Nalanda. 7. Pratap Mistry, S/O Late Maghu Mistry, R/O Village Damaria Bigha,Mowarakpur,P.S.-Islampur,District-Nalanda. 8. Ram Chandra Paswan, S/O Late Jagan Paswan, R/O Village Mobarakpur,P.S.-Islampur,District-Nalanda. 9. Birendra Paswan, S/O Late Jagan Paswan, R/O Village Mobarakpur, P.S. Islampur, District-Nalanda. 10. Kaushlendra Paswan, S/O Kesho Paswan, R/O Village Mobarakpur, P.S. Islampur, District-Nalanda. 11. Devki Paswan, S/O Ram Sharan Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 12. Lala Raut, S/O Late Nathun Raut, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 13. Karu Raut , S/O Late Surju Raut, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 14. Amrik Paswan, S/O Chalitar Paswan, R/O Village Mowarakpur, P.S. Islampur, District- Nalanda. 15. Chandrika Paswan, S/O Chalitar Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 16. Ramanand Paswan, S/O Chalitar Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 17. Ramashray Paswan, S/O Ramanand Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 18. Rameshwar Paswan, S/O Gopi Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 19. Sudama Paswan, S/O Prit Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 20. Basant Mochi, S/O Late Shri Mochi, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 21. Hari Pandit, S/O Sidheshwar Pandit, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 22. Gaya Pandit, S/O Raudi Pandit, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 23. Mathura Paswan, S/O Late Jagn Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 24. Satrughan Paswan, S/O Prit Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 25. Sanjay Paswan, S/O Prit Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda - Respondents. 2 26. Sanjivan Paswan, S/O Ram Saran Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 27. Ram Bilash Paswan, S/O Bhatu Paswan, R/O Village Mowarakpur, P.S. Islampur, District-Nalanda. 2 22.12.2011 Heard learned counsel for the petitioner and the State. The petitioner’s case is that he is the owner of land bearing khata no. 126, Khesra no. 1 measuring 18.49 decimals in village Mobarakpur. The nature of the land is agricultural. The petitioner had been harvesting his land peacefully. Some time in 2004 he was disturbed by respondents 5 to 27 and, therefore, he prayed for certain police protection so that he may harvest his land. Accordingly, protection was given to him vide memo no. 2039, dated 18.12.2004. Subsequent to that, the petitioner has been dispossessed from part of the land. The petitioner came to this court and this court refused to interfere on the ground that there was no means by which the writ court could have ordered for recovery of possession. Again the petitioner is being disturbed and is not being permitted by respondents 5 to 27 to harvest the remaining land. In 2001 there was an enquiry by the Circle Officer vide Annexure 2 which indicates that the respondents could not have been issued Basgit Parcha because the lands are raiyati in nature, without affording opportunity to the raiyat to appear in the proceeding. This matter cannot be resolved by this court because it requires an enquiry as to whether Basgit Parcha was issued. According to the petitioner no Basgit Parcha has been issued and 3 that there have been several enquiries by various authorities regarding this aspect of the matter. The fact remains that the petitioner who is in possession of most of the lands is not being permitted by the private respondents to irrigate or harvest his land. In the circumstances I direct that the District Magistrate, Nalanda should issue notice to respondents 5 to 27, examine the records and thereafter decide the matter. The petitioner would be at liberty to bring this order to the notice of the District Magistrate, Nalanda. The petitioner would also be at liberty to produce all such documents with respect to this matter so that there is some sort of final decision. The District Magistrate may get this matter enquired by the Additional Collector. However, it is also made clear that the District Magistrate should supervise this case at all stages. This writ petition is disposed of with the aforesaid observation and direction. In the mean time the petitioner should be granted protection for harvesting his crops in accordance with law. haque ( Sheema Ali Khan, J .)