IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11270 of 2009 1. SMT.KANCHAN DEVI, W/O ARUN KUMAR 2. ARUN KUMAR S/O SRI AYODHYA PRASAD. BOTH RESIDENTS OF MAUZA- SIKANDARPUR, DEKPURA, P.S. RAHUI P.O. AMBA DEKPURA, DISTRICT- NALANDA. .. PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE NALANDA. 2. DISTRICT MAGISTRATE NALANDA. 3. SUBDIVISIONAL OFFICER, BIHAR SHARIF, NALANDA. 4. ANCHAL ADHIKARI, ASHTHAWAN ANCHAL, DISTRICT- NALANDA. 5. THE OFFICER INCHARGE BIND POLICE STATION, DISTRICT NALANDA. … RESPONDENTS 1ST SET . 6. RAJENDRA PRASAD, S/O LATE CHHOTAN MAHTO. 7. BIPIN PRASAD S/O RAJENDRA PRASAD. 8. GIRISH PRASAD S/O RAJENDRA PRASAD. BOTH RESIDENTS OF MAUZA MUFTIPUR, P.S. ASTHAWAN AT PRESENT P.S. BIND, P.O. AANDI, DISTRICT NALANDA AT PRESENT RESIDING AT VILLAGE UTARTHU, P.S. BIND, P.O. BIND, DISTRICT- NALANDA. 9. KARUN PRASAD S/O LATE KAMLESH PRASAD. 10.KUNDAN PRASAD S/O LATE BALESHWAR PRASAD. 11.AJAI PRASAD S/O LATE BALESHWAR PRASAD. ALL RESIDENTS OF MAUZA MUFTIPUR, P.S. ASTHAWAN AT PRESENT P.S. BIND, P.O. AANDI, DISTRICT NALANDA. … RESPONDENTS 2ND SET. ----------- 3. 03.03.2011 Heard learned counsel for the petitioner and the State. Despite valid service of notice on Respondent Nos. 6 to 11 none has entered appearance. Once notice has been served non- appearance is at their own peril. Learned counsel for the petitioner submits that they are the lawful owners and in lawful possession of the lands as appended at Schedule No.1 to the writ petition situated in village Muftipur, Thana Asthawan, District- Nalanda. The lands have been mutated in their favour after contest in Mutation Appeal No. 17 of 1993-94. The private respondents filed Title Suit No. 94 of 1994 which was dismissed for non prosecution on 31.7.1997. The order under Miscellaneous Case No. 16 of 2003 restoring the same under Order IX Rule 9 C.P.C. was questioned in Civil Revision No. 1833 of 2005 when on remand the trial court declined restoration of the Suit. There is no litigation pending between the parties as of date on the lands in question. Notwithstanding the same, the private respondents are seeking to unlawfully interfere with the enjoyment or the possession of the lands by the petitioner. The petitioner was compelled to seek police protection. On 27.6.2009 the Anchal Adhikari sought to create an unnecessary controversy that the petitioners desired possession of the lands in question and therefore they should be approach the competent court. It is the specific case of the petitioner that they are in possession of the lands. Counsel for the State reiterates what the Anchal Adhikari has said. If the petitioners are not in physical possession of the lands and desire to regain possession of the lands, there can be no reason to interfere with the order dated 27.6.2009. Conversely if the petitioners are in physical possession of the lands, as claimed by them, the order dated 27.6.2009 of the Anchal Adhikari is completely misconceived. If a person claims to be in physical possession of a property, asserting that on contest his possession having been found to be correct mutation has been done in his favour, clearly such possession is bound to be protected by the State. Questions of title are an entirely different matter. Enforcement of the law and order by providing safety and security to a citizen including his property is the responsibility of the State more so when the citizen claims orders of the competent authority in support of the possession. Any dispossession can be only in accordance with law, if circumstances so warrant. In the facts of the case the directions of the Anchal Adhikari dated 27.6.2009 appear completely misconceived more particularly in the light of the order dated 26.6.1995 in Mutation Appeal No. 17 of 1993-94. The order dated 27.6.2009 does not discuss when and how the petitioners came to be dispossessed of the lands after the aforesaid order. The Superintendent of Police, Nalanda is directed to provide due protection to the life and property of the petitioners in accordance with law. The writ application stands disposed off. Ibrar/- ( Navin Sinha, J.)