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2009 DIGILAW 1438 (PAT)

Gananand Mishra Son Of Late Shiv Nandan Mishra v. State Of Bihar

2009-11-17

NAVANITI PRASAD SINGH

body2009
JUDGEMENT 1. Petitioner is a raiyati in respect of certain lands at Village-Naruar under the Police Station-Jhanjharpur earlier District Darbhanga and now Madhubani. The present writ application was filed by him for a direction to the State Government to protect his life and liberty from the extremists who had forcibly entered upon his land and put red flags thereon, virtually forcibly taken possession of his agricultural land. During pendency of the writ petition, learned counsel for the petitioner states that much change had taken place. In view of the stand taken in the counter affidavit the lands which were occupied by people under a misapprehension of fact that those lands were lands for which purchas had been given to those respondents, on realizing the said mistake the District Administration took steps and ultimately private respondents were evicted and land was restored to the petitioner in November, 2008. 2. Petitioner has now filed Interlocutory Application praying that though the lands were restored to the petitioner, the private respondents and other such persons who had been evicted are constantly creating problems. He has pointed out that now the paddy crops are ready for harvesting and the respondents who are members of a particular political movement are threatening to loot the crops and run away. He had complained to the District Administration seeking help and security but nothing has been done because even the District Administration has fear about law and order problem if they intervene in this matter. 3. From the pleadings as made, one thing is clear that petitioner has been put in possession of his property by evicting unauthorized occupants. Petitioner is now being threatened. One cannot wait for the threat to be carried out and then try to take remedial action because that would be too late. Prevention is always better than cure. 4. In such circumstances, I direct the District Administration which would include the District Magistrate-cum-Collector, Madhubani and the Superintendent of Police, Madhubani as also the Sub-Divisional Officer, Jhanjharpur, Madhubani to extend all help and protection to the petitioner and his property which by law they are bound to do and ensure that no harm comes to either the petitioner or his property which includes agricultural crops. In case of any failure to protect the petitioner or his property is reported to this Court, this Court would take a very serious view of the matter. In case of any failure to protect the petitioner or his property is reported to this Court, this Court would take a very serious view of the matter. Law enjoying (sic enjoins ?) upon the authority to provide for safety of all citizens and all citizens have a right to enjoying their property to the fullest extent. This order is being passed only reminding the authority of their duties in this regard so that uncivilized behaviours and activities do not take place. 5. With the aforesaid observation and direction the writ petition including I.A. No. 6857 stands disposed of.