SRI LAKSHMI NARAYAN TRUST Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal writ application has been filed by the petitioner for commanding the respondents to provide lawful protection to the properties held and possessed by him which is under the threat of anti-social elements.

(2.) The writ application has been filed by Sri Lakshmi Narayan Trust @ Chorout Math (for short 'the trust') through its trustee Anand Kand Das.

(3.) It is submitted by Mr. Siya Ram Shahi, learned counsel appearing for the petitioner that the trustee Anand Kand Das succeeded as Mahanth after death of his Guru Mahant Shayam Narayan Das in 2005. The trust has vast property and there are 11 deities installed in various temples and situated at different places, i.e., Sitamarhi and Madhubani. It is submitted that after final publication under Section 11(1) of the Ceiling Act, in L.C. Appeal Case No. 6/1984, the Collector, Sitamarhi held that the erstwhile Mahanth late Shayam Narayan Das was entitled to retain one unit for himself as Shebait and six units for the deities equivalent to 210 acres of Class IV land and declared 154.73 acres of land of the trust as surplus which was later on distributed to landless persons. After the order of the Collector, final publication under Section 11(1) of the Ceiling Act was published on 01.08.1985 allowing the land holder to retain 210 acres of land. It is submitted that sometimes in 1986, at the instance of application filed by the secretary of a political party, steps were taken to reopen the ceiling proceeding of late Mahanth Shayam Narayan Das under the orders of the Deputy Secretary of Revenue and Land Reforms Department by the Collector, Sitamarhi under Section 45B of the Ceiling Act. However, the ceiling proceeding which was reopened on 06.08.1989 was quashed by this Court vide order dated 17.07.1990 passed in CWJC No. 10404 of 1989. Again, at the instance of some local leaders of a particular political party, the Collector, Sitamarhi vide order dated 25.07.1995 reopened the case under Section 45B of the Ceiling Act which was again challenged by late Mahanth Shayam Narayan Das in CWJC No. 9768 of 1995 and vide order dated 25.06.1997, this Court quashed the proceeding. It is submitted that again the local leaders of a particular political party are trying to dispossess the petitioner from its land by fixing red flags over the land. The disturbance created by the political party is out and out interference in the right of property of the petitioner which is required to be saved and protected by the district administration.