IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1063 of 2008 Sainik Ramashish Prasad son of Shri Kamla Prasad resident of village Harail, P.O. Allahganj P. S. Makhdumpur, District Jehanabad Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, old Secretariat, Patna. 2. The Commissioner, Magadh Division, Gaya. 3. The District Magistrate, Jehanabad. 4. The Sub-Divisional Magistrate, Jehanabad. 5. The Block Development Officer, Makhdumpur Block, Jehanabad. 6. The Circle Officer, Makhdumpur Block, Jehanabad. 7. The Superintendent of Police, Jehanabad. 8. The Officer-in-charge, Makhdumpur P.S. , Jehanabad. 9. Ramdeo Das son of Late Etwari Das 10. Shiv Balak Das son of Mahavir Das 11. Kallu Das son of Sukhdevan Das 12. Munari Das son of Sarju Das 13. Binod Das son of Shri Ramdeo Das 14. Kuldeep Das son of Shri Jhopar Das 15. Kapil Das son of Shri Kuldeep Das 16. Muneshwar Das son of Shri Sukheo Das 17. Bhola Das son of Late Nathun Das 18. Tunu Das son of Sarju Das 19. Mahendra Das son of Bhuwan Das 20. Sidhu Das son of Late Nathun Das 21. Pardeep Das son of Shri Ramdeo Das resident of village Harail, P.O. Allahganj, P.S. Makhdumpur, District Jehanabad. ----------- 3 18/3/2009 This writ petition has been filed for issuance of a direction to the respondents to give police protection to the petitioner in harvesting his paddy crops planted by the petitioner in Khata no. 124, Plot nos. 432, 433, 538 and 646 measuring about five acres situated in village Harail, Anchal Makhdumpur in the district of Jehanabad. It is submitted by the learned counsel for the petitioner that the petitioner is in peaceful possession of land of Khata No. 124 measuring 4.90 acres and the factum of peaceful possession has already been decided by the learned Executive Magistrate, Jehanabad - 2 - in a proceeding under section 145 Cr. P.C. in case no. 1139-M of 2004 in favour of the petitioner. In a petition under Article 226 of the Constitution of India, question of title and possession cannot be decided as only civil court can decide the same. If there is no dispute on title and possession and if requires interference with the peaceful possession of the building or field and creates law and order situation, it is for the petitioner to file an application before the Superintendent of Police, Jehanabad (respondent no. 7) for the reliefs sought for in this writ application. If such an application is filed before respondent no. 7, he shall consider the same and if the allegations are correct, take appropriate action in accordance with law so that the harvesting of the crops in question is not disturbed. With the above observation, this writ application is disposed of. (J. B. Koshi, CJ.) AMIN