IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13341 of 2005 Sri Bilas Sao, S/o Late Chhatu Sao, resident of village + P.O. Chhata, P.S. Massurhi, Distt. Patna, At present residing at Mohalla Etwarpur, P.S. Phulwari Sharif, Distt. Patna ……… Petitioner Versus 1. The State Of Bihar 2. District Magistrate, Patna 3. Sub-Divisional Officer, Masaurhi, Patna 4. Circle Officer, Masaurhi, Patna 5. Officer-in-charge, Masaurhi, P.S. Masaurhi, Patna 6. Krishna Singh, S/o Late Ram Pravesh Singh, resident of village Doripar, P.S. Masaurhi, P.O. Chhata, District Patna 7. Sushil Kumar Singh, S/o Krishna Singh, resident of village Doripar, P.S. Masaurhi, P.O. Chhata, Distt. Patna ……… Respondents ---------------------------------- 2 23.11.2011 Heard Mr. Sanjay Kumar Verma, learned counsel for the petitioner and learned A.C. to A.A.G. 3. The writ petition has been filed for a direction to the respondents to ensure that the petitioner who is in peaceful enjoyment of his right, title and interest over the land for a long time, but due to rivalry with the petitioner, the private respondents started interfering with the petitioner’s possession. Learned counsel for the petitioner submits that the matter with regard to his entitlement and right have been decided in a suit between the party and based on that decision, the authorities have also upheld his contention in as much as proceedings under 144 and 145 have been finally decided in his favour. 2 A counter affidavit has been filed on behalf of the official respondents in which it has been stated that appropriate steps in accordance with law has been directed to be taken by the Officer In charge, Masaurhi Police Station. Pursuant to the same, it appears from Annexure-11 to the supplementary affidavit filed on behalf of the petitioner, that the petitioner has been noticed by the Officer I/C of Masaurhi Police Station, to come and take possession of the land. Considering the facts and circumstances of this case, this Court would not like to go into the aspect of right, possession and title of the parties. However, in view of the present position that all orders are in favour of the petitioner and even the authorities being conscious of the same, the concerned Officers are directed to ensure that the petitioner is able to enjoy peaceful possession and use of his lands in question The writ petition stands disposed off with a clear direction to the Circle Officer ,Masaurhi and the Officer I/C, Masaurhi Police Station to ensure that the petitioner is not denied the enjoyment and use of his 3 lands till such time as there is no adverse order against him by any competent authority or Court of law. The concerned respondents shall also ensure that he is able to enjoy the fruits of the land in question by way of use and cultivation of the same, if any. The petitioner shall not be precluded from moving before the appropriate authority for seeking the compensation amount from the private respondents for any illegal loss, which may have been caused to him. Sudha (Ahsanuddin Amanullah, J.)