R.K. Merathia, J. - (1.) A peculiar prayer has been made in this writ petition for directing the respondent No. 2 Deputy Commissioner, Lohardaga and respondent No. 4 Sub Divisional Magistrate, Lohardaga for providing police protection to the petitioners at their own cost for raising boundary wall over the land appertaining to plot No. 27/1075 under khata No. 97 in Mouza-Lohardaga.
(2.) It is submitted by Mr. Sahani that the vendor of the petitioners succeeded in the civil litigation being Title Suit No. 21 of 1999 and Title Appeal No. 7 of 2003 and therefore, petitioners were entitled to raise boundary wall, but respondent No. 5 Shri Hari Narayan Prasad Sahu and respondent No. 6 Shri Pawan Kumar started raising objection and therefore, an application was filed by the petitioners for grant of police protection at their own cost for raising boundary wall.
(3.) In paragraph-14 of the counter-affidavit, it is specifically stated that the matter relating to the disputed land, is still pending in the court of Sub-Judge-I, Lohardaga being Title Suit No. 5 of 2003 and Miscellaneous Case No. 3 of 2006, (according to the police report Memo No. 92 dated 23.01.2010), and therefore, order has been passed by the Sub Divisional Magistrate, Lohardaga to maintain peace at the disputed land.;