IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.779 of 2010 DHANESHWAR CHOUDHARY SON OF LATE SUKHDEO CHOUDHARY RESIDENT OF VILLAGE AKHA POLICE STATION UJJIARPUR, DISTRICT SAMASTIPUR Versus 1. STATE OF BIHAR 2. THE COLLECTOR SAMASTIPUR. 3. THE SUPERINTENDENT OF POLICE, SAMASTIPUR. 4. THE SUB-DIVISIONAL OFFICER, DALSINGHSARAI, DISTRICT SAMASTIPUR. 5. ARUN KUMAR SINGH SON OF RAM PRASAD SINGH. 6. SURESH SINGH SON OF MAHABIR SINGH BOTH ARE RESIDENT OF VILLAGE JANAKPUR, P.S. UJJARPUR, DISTRICT SAMASTIPUR. 7. SUJIT SINGH SON OF RAMPUKAR SINGH. 8. SURESH SINGH SON OF HANUMAN SINGH. 9. RAJ KUMAR SINGH. 10. RAMKUMAR SINGH. BOTH ARE SON OF LATE RAMUCHIT MAHTO. 11. SURESH SINGH. 12. BISHUNDEO SINGH BOTH ARE SONS OF LATE SAKHICHAND MAHTO 13. ARBIND KUMAR SINGH 14. MANOD KUMAR SINGH. BOTH ARE SONS OF BISHUNDEO SINGH. 15. SURAJ SHARMA SON OF LATE SITARAM SHARMA. 16. MANJAY LAL SHARMA SON OF SURAJ SHARMA ALL SL. NOS. 7 TO 16 ARE RESIDENT OF VILLAGE NAZIRPUR, POLICE STATION – UJJIARPUR, DISTRICT SAMASTIPUR. ----------- 02. 10.02.2011 Heard the parties. A rejoinder to the counter affidavit has been filed on behalf of the petitioner. In nutshell, the grievance of the petitioner is to the effect that petitioner, an ex-army man, came in possession over a piece of land over which he used to cultivate peacefully. However, the private respondents during every harvesting season and also some other occasion i.e. Kali Puja, used to try to take possession over the land in question. It is submitted that petitioner has filed a regular case as well vide Ujairpur P.S. Case No. 168 of 2009 as stated in paragraph – 9 of the writ application. Even then, the private respondents unauthorizedly tried to take possession. Learned counsel for the State submits that police has taken due action and after investigation of the aforesaid police case, charge-sheet has been submitted against the concerned accused persons and other processes have also been issued against them and as such, it is not correct to say that police has not taken appropriate action. Considering the facts and circumstances of the case, it goes without saying that when police or the Sub-divisional Magistrate receives any information with regard to the eminent danger of peace with respect to the land in question during the harvesting season or at any other time like any festival is expected that the police official as also the concerned Sub-divisional Magistrate would take appropriate preventive action to avoid any untoward incidents with respect to the property in question. The writ application stands disposed of. Jagdish/- ( Shailesh Kumar Sinha,J.)