Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondent no.2 to 4 to afford protection to the life and property of the petitioner as well as the construction of the boundary wall of the petitioner's property which was purchased by the parents of the petitioner through two different sale deeds in the year 1962 and 1964 respectively and was decreed by the Civil Court at Hazaribagh in T.S. No.38 of 1984.
(2.) The brief facts of the case as per the pleading made in the writ petition is that the landed property in question pertaining to Plot no.34, Khata No.1, area 4 1/2 decimal situated at village Naisarai, Thana no.145 district Hazaribagh, now Ramgarh has been purchased by the petitioner's parents namely Asharfi Lal Sah and Shakuntala Devi by virtue of two registered sale deeds on 25.09.1962 and 20.05.1964. The Plot no.34 was initially recorded as Gairmazarua Khas land of Zamindar and after vesting Zamindari, the said land was also vested in the State of Bihar in the year 1954. The Anchal Adhikari, Ramgarh settled an area of 50 decimals of Plot no.34 to Mostt. Mulia widow of Late Chhedi Mian of village Naisarai on 26.12.1957 and put the said settlee Mostt. Mulia and granted rent receipts. Subsequently Most. Mulia sold an area of 2 decimals of land out of 50 decimals to Asharfi Lal Sah on 25.09.1962 through registered deed of sale and put him Khass possession and again sold 2 and 1/2 decimals of land out of remaining 48 decimals to one Shakuntala Devi through registered deed of sale on 20.05.1964 and put her Khas possession. After purchase of the aforesaid land through Most. Mulia, parents of the petitioner filed separate application for mutation of their name in the Siristha of Anchal Adhikari, Ramgarh whereon the name of Asharfi Lal Sah and Shakuntala Devi entered into the Register-II, the rent had been paid and in view thereof rent receipts had been issued, the parents of the petitioner constructed a house and will on the said land.
(3.) The dispute about the title over the land in question has come on surface when on 21.04.1984, the Executive Magistrate, Anchal Adhikari and Circle Inspector with the police force went to demolish the house due to dispute of locality, in consequence thereof, a suit against the State of Bihar through the Deputy Commissioner, Hazaribagh after serving a notice under Section 80 of the C.P.C., being Title Suit No.38 of 1984 has been filed with a prayer for restraining the defendants by permanent injunction from demolishing the suit house. The suit has ultimately been decreed on 27.11.1986. The petitioner since then is in peaceful possession of the land in question. The Mohsin Mian and Waris Mian raised dispute regarding land which led the petitioner to file complaint before the concerned police station, upon which the complaint has been lodged and a proceeding has been initiated under Section 144 of the Cr. P.C. and a miscellaneous case was registered being Misc. Case No.15 of 2016 and accordingly notice have been issued upon both the parties under Section 144 of the Cr. P. C, upon which the respondent no.4 has directed the Circle Officer, Ramgarh to submit a report regarding the nature of land and possession, accordingly a report was submitted stating inter alia therein that the petitioner is son of Asharfi Lal Sah and in possession of 4 and 1/2 decimals of land in Plot no.34 referring the said land free from Gairmazarua Khas and reference about the creation of mutation and acceptance of rent has been made. The petitioner has also filed an application before the Circle Officer, Ramgarh on 11.05.2016 for measurement of the said land which was registered as Case No.7 of 1916-17, accordingly the land was measured on 30.01.2017 and to that effect a report was submitted on 02.02.2017 and when the petitioner has started giving boundary, upon the land in question, hurdle has been created by the local people and to provide police protection in making construction over the land in question but having taken no action, the present writ petition has been filed.;