BAHORI SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The prayer of the petitioner is to command respondents Nos. 1, 2 and 3 (District Magistrate, Mahamaya Nagar, Senior Superintendent of Police, Mahamaya Nagar and Station Officer Incharge, Police Station, Hathras Junction, Mahamaya Nagar) to provide protection to him and his property including lands measuring 0.408 Hectare of Gata No. 90 and .17 Hectare of Gata No. 433/2 appertaining to Chak No. 484 I and II situate in Village Parsara, Tehsil Hathras, District Mahamaya Nagar from forcible grabbing by the respondent No. 4 Chote son of Kallu resident of Village Marthara, District Etah, and his henchmen.

(2.) His further prayer is to command the aforesaid respondents to take action against Chote and his hencemen who are trying to take forcible possession of grabbing the lands aforementioned.

(3.) The petitioner asserts, inter alia, that the lands in question were purchased by him from his own aunt Smt. Moola (Dayadhikarini) widow of late Ashik Ali, resident of Village Parsara, Tehsil Hathras, District Mahamaya Nagar (formerly Aligarh) for a consideration of Rs 80,000/- by a registered sale deed dated 30-1-1995 (Xerox copy of the sale deed has been appended as Annexure-1 to the writ petition); Moola Devi was issueless; Respondent No. 4 is visiting his village every day and is giving threats almost every day to use of muscle and money power in connivance with some persons and is trying to grab his lands; it was with a great difficulty the petitioner could save his land from respondent No. 4 and 15 other persons on 21-6-1998 when they came armed with lethal weapons intending to take forcible possession; on the same day the petitioner went to lodge a first information report with the Police Station, Hathras Junction, which however refused and thereafter he went to the District Magistrate, Mahamaya Nagar andSenior Superintendent of Police, Mahamaya Nagar and submitted applications before them; no protection was provided to him nor even any police personnel or any person from the District administration visited the village; under Articles 19, 21 and 300-A of the Constitution, he has valid right over his lands and cannot be dispossessed therefrom except in accordance with the procedure established by law and hence this writ petition.