Patna High CourtCWJC/5112/1997dismissed

Dinesh Prasad Singh And ORS v. Uday Pratap Singh And ORS

2015-04-16Mr. Justice V. Nath3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5112 of 1997 ======================================================

1. Dinesh Prasad Singh.

2. Umesh Prasad Singh.

3. Suresh Prasad Singh.

All sons of Raj Mangal Prasad Singh (deceased).

4. Malti Devi Wife of Sri Hnuman Singh.

5. Nirmala Devi Wife of Sri Umesh Chandra Jha.

6. Urmila Devi Wife of Sri Ashoka Kumar Singh. All Daughters of Raj Mangal Prasad Singh (Deceased) and all resident of Village-Sonar P.O.- Pokhar Bhinda ,P.S.- Riga, District-Sitamarhi. .... .... Petitioners.

Versus

1. Uday Pratap Singh, Son of Rajendra Prasad Singh.

2. Maheshwar Prasad Singh, Son of Badri Narayan Singh.

3. Ved Prakash Singh, Son of Nagendra Prasad Singh.

4. Satyanarayan Singh, Son of Hukum Singh.

All Resident of Village-Sonar, P.o.- Pokhar Bhinda, P.S. -Riga, District-Sitamarhi. -Respondents 1st party.

5. Most Keshar Kuer W/o Nawal Kishore Singh.

6. Bimal Kishore.

7. Hari Kishore.

8. Shyam Kishore @ Nunu.

All Sons of Yougal Kishore Singh (deceased).

Resident of village- Chochahi Saraiya, P.S.-Saraiya (Old Park) DistrictMuzaffarpur.

9. Sita Devi.

10. Mandwi Devi.

11. Uma Devi.

All daughters of Ram Naresh Shukla , Resident of Village and P.O.- Khanjahan Chak , P.S.- Lalganj, District- Vaishali.

12. Bhushan Wife of Ram Suresh Shukla.

All Resident of Village Khanjaha Chak, P.S.-Lalganj, District-Vaishali. -Respondent 3rd party.

13. Consolidation Officer, Riga, Sitamarhi.

14. Deputy Director of Consolidation, Sitamarhi.

15. Director of Consolidation, Bihar Patna -Respondent 3rd Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Shekhar Dwivedi Mr. Krishna Murari Kumar For the Respondent/s : Mr. (Sc2) Mr. Vijay Anand Singh Mr. Ghanshyam Pd.Sinha Mr. Ranjan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 16-04-2015 No body appears on behalf of the petitioners in spite of the repeated calls for hearing.

Mr. Bindhya Keshari Kumar Singh, the learned senior counsel has appeared for some of the respondents. No body has appeared for other respondents.

Perused the records. It transpires that this writ application stood dismissed as against the substituted heirs of the deceased respondent nos.10 (a) to 10 (e) for non-compliance of the order of this Court. Mr. Bindhya Keshari Kumar Singh, the learned senior counsel for the respondents has submitted that the respondent no.10 was a necessary party to this writ application. In view of the aforesaid facts and submissions, proceeding further with this writ application, in absence of the heirs of the respondent no.10, may result in inconsistent order. As such, this writ application is dismissed as

incompetent.

(V. Nath, J) Nitesh/- U