- (1.) THIS application has been filed for issuance of a writ directing the respondents to take suitable steps for protection of life and property of the petitioner.
(2.) THE facts giving rise this application are that the petitioner, who is in military service applied in the year 1997 -98for settlement of piece of land measuring an area of 2.12 acres in terms of the Government Circular before the Commanding Officer, who forwarded it to Deputy Commissioner, Deoghar for doing needful. The said matter was sent for enquiry to Kanungo, who on making enquiry submitted report to the Sub -divisional Officer, Deoghar, who, in turn, made recommendation for settlement of 2 acres 12 decimals of land, of plot no.128, appertaining to Khata no.584 situated in Mauja -Karni Bagh. At that point of time no order regarding settlement of the land was passed. However, subsequently the Deputy Commissioner on getting the report from the Circle Officer, Deoghar settled the land with the petitioner, vide its order dated 13.4.2005, passed in Misc. Case No.55 of 1998 -99. Pursuant to that order according to the petitioner, the petitioner was given possession over the land on 19.7.2005/28.6.2007 and when the petitioner started constructing house, Gauri Shankar Rai, respondent no.4, father of respondent no.5 started disturbing the possession of the petitioner and got a proceeding initiated under section 144 of the Code of Criminal Procedure on 6.7.2007 which proceeding subsequently was converted into a proceeding under section 145 of the Code of Criminal Procedure on 6.9.2007. The said order under which proceeding was converted into 145 proceeding was challenged before the learned Sessions Judge, Deoghar by way of Criminal Revision application but that application according to learned counsel appearing for the petitioner was rejected without giving due consideration of the fact that the petitioner has been given delivery of possession by none other than the Sub -divisional Officer, Deoghar and under this situation, this writ application has been filed.
(3.) ON the other hand, case of the respondents 4 and 5 is that Madhusudan Rai, respondent no.5, who is also in the service of Indian Air Force was settled with the land, measuring an area of 12.5 decimals, of plot no.128, Khata no.584 by Sub -divisional Officer, Deoghar, vide Settlement Case No.95 of 1999 -2000. On the basis of report of the Circle Officer, reporting therein that the land is vacant, possession of the said land was given on 18.11.2004 to the said Madhusudan Rai, who got his name mutated over the said 12.5 decimals of the land and when dispute was raised by the petitioner on the point of possession, a proceeding under section 144 of the Code of Criminal Procedure was initiated which subsequently was converted into 145 proceeding which is still pending and not only that the petitioner has even preferred an appeal before the Deputy Commissioner, Deoghar for setting aside the order of settlement dated 27.4.2000 under which 12.5 decimals of the land was settled by the Sub -divisional Officer, Deoghar to the respondent no.5.;