PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing the respondents to get the land of the petitioner cleared from illegal possession of respondents nos.8 to 9 and other members of their community and to get the possession of the petitioner restored over his land after evicting respondent nos.8 to 9 and other members of their community from the land in question.

3. Learned counsel for the petitioner submits that the petitioner is a senior citizen and now aged about 88 years, but at the time of filing this writ petition, he was 82 years. Counsel submits that the order was in favour of the petitioner passed by the B.L.D.R in Case No.170/2011-12 which is annexed as Annexure-1. Counsel submits that in the light of the said order, authorities used to measure the land and bifurcate, but again the private respondents used to disturb and put flag (jhanda) on the petitioner's land. Counsel submits that the petitioner has again moved before this Hon'ble Court in C.W.J.C. No. 23716 of 2013 in which vide order dated 15.07.2016, order was passed in favour of the petitioner. But, few days after compliance of order made in Annexure-1, again the private respondents started disturbing the petitioner. Counsel further submits that vide Annexure-4, the Circle Officer has demanded the police protection, but even then, the order could not be complied with.

4. Learned counsel for the petitioner has raised provision of law as mentioned in section 31 of the Bihar Police Act, 2007 where role, function and duty of police has been defined. He submits that under section 31(a) of the Bihar Police Act, 2007, it is the duty of the police to follow law and implement them in a fair manner and protect the life, liberty, property and the human rights along with the dignity of the public.

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