PASPAT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ application the petitioner seeks direction to the District Administration to provide police protection to the petitioner for safety of his life and property.

(2.) THE facts giving rise for seeking the reliefs in short are as follows: - (a) The Land Ceiling Case No. 41/ 46 of 1976 -77 was started in the name of Baldeo Prasad Karta of the joint family, wherein the Circle Officers of three Anchals recommended for 38 Units in favour of Baldeo Prasad. The petitioner Joeing aggrieved moved the higher Courts and finally learned Single Judge vide order dated 12.8.2004 passed in C.W.J.C. No. 3316 of 2000 allowed nine more units to the petitioner 'sfamily. (b) A Letters Patent Appeal being L.P.A. No. 347 of 2005 was preferred against the order dated 12.8.2004 passed by the learned Single Judge in C.W.J.C. No. 3116 of 2000. A Division Bench of this Court wide order dated 2.5.2005 contained in Annexure -2 dismissed the L.P.A. filed by the District Administration. (c) In the meantime the certain land of the petitioner was declared as surplus in a Notification under Section 15(1) of the Land Ceiling Act, and these lands were distributed to 102 landless persons of Village -Araria Barwa by way of Parcha. In this respect the petitioner filed C.W.J.C. No. 3316. of 2000 against the impugned Notification and distribution of Parcha to the landless persons. This Court vide interim orders dated 13.11.2002 and 8.4.2003 observed that the land which has been shown as surplus in notification under Section 15(1) of the Land Ceiling Act should not be distributed to any third party and the land owner should not be forcibly dispossessed. In view of the order of this Hon ble High Court at the instance of the S.D.O., Narkatiaganj, Anchaladhikari cancelled the Parcha vide order dated 30.8.2003 as contained in Annexure -3.

(3.) MANY Parcha holders filed interlocutory application bearing I.A. No. 3035 of 2004 for being added as a party which was rejected by the learned Single Judge of this Court vide order dated 5.8.2004. An LP.A. against the aforesaid order dated 5.8.2004 filed by the Parcha holders was also dismissed on 4.1.2005 vide L.P.A. No. 1228/04 were adament to resist the petitioner for cultivating the land in re: spect of which the Parcha distributed to them were cancelled. The petitioner approached the District Administration for deputing armed force for cultivation of the land and the petitioner even lodged an F.I.R. against some of the Parcaholders with Subhadra Police Station being Case No. 44 of 2005.