RAJ KUMARI DEVI W/O LATE RAMA SHANKAR PRASAD Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) BY a very detailed order passed on 11.11.2005 in M.J.C. No. 1282 of 2004 and C.W.J.C. No. 6944. of 2004, the issue with regard to the claim of the petitioner over the piece and parcel of the land a - nd the background to the dispute and nuisance which has been created by certain vested interest was decided. Thereafter the court is informed that an earlier decree passed in Title Suit No. 73/1968 came to be challenged in yet another suit which was filed by the State being Title Suit No. 75/1992. Vide order dated 21.8.2009 passed by the Additional Munsif -II, Buxar the suit stood dismissed for being barred by res judicata. But despite judicial pronouncement in favour of the petitioner her harassment is not coming to an end. The direction issued by the superior authorities on the district administration has remained on paper, nothing substantive is coming out by way of action to prevent the harassment of the present petitioner by vested interest. If a law abiding citizen approaches a Court of law, gets certain declaration in his/her favour then it is the duty of the State to protect his/her interest. If this is not done then these are the situations where a citizen may take recourse to alternative forums which may not be strictly in accordance with law of established governance.

(3.) THE writ application is disposed of with a direction upon the Collector -cum - District Magistrate, Buxar as well as the Superintendent of Police, Buxar to get the matter examined and extend whatever protection is available to the petitioner in the light of the judicial pronouncements. Petitioner will also be obliged to bring all the facts before the concerned authorities with supporting documents at the earliest.