MANI KANT CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, prayer is to issue an appropriate writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Respondents to provide due protection to the petitioners for their life and properties and to oust the unlawful elements who have under political patronage, forcibly occupied the petitioners ' lands.

(2.) PETITIONERS claim absolute owner of the land in question situated in villege Chandauli, P.S. - Ujiarpur, District -Samastipur. It is alleged that recently certain antisocial elements and persons with political patronage approached the petitioners and asked them to voluntarily part with possession of 15 Bighas of lands out of the total of 17 Bighas of lands belonging to them. They refused to do so upon which unlawful elements forcibly entered on the properties in the night of 31st August, 2000. It is also alleged that the petitioners were warned of physical harm and forceful dispossession, if they refused to do so voluntarily including physical elimination by such un - desirable elements, if they interfered with or prevented the unlawful elements from taking forceful possession of their lands, including approaching this Court for grant of appropriate relief.

(3.) EARLIER this matter was heard on 21.9.2000 and on the request of the learned Government Pleader, the matter was directed to be listed today in the supplementary list. Meanwhile, this Court directed that he must take instruction and file counter affidavit especially with respect to the averment made in paragraph 7 of the writ petition, wherein petitioners mentioned about the aforementioned submissions of report by Respondent no. 4 in which he confirmed that unlawful and antisocial elements with political patronage have occupied the land of the petitioners to the extent of 15 Bighas.