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Patna High CourtCWJC/3035/2017disposed

Prabhu Narain Labh v. The State Of Bihar And ORS

2018-03-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT

PATNA Civil Writ Jurisdiction Case No.3035 of 2017 ======================================================

1. Prabhu Narain Labh, Son of Late Badri Naraian Labh, Resident of Village- Gonapatti, P.S.- Ashok Paper Mills, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Revenue and Land Reforms

2. The Divisional Commissioner, Darbhanga.

3. The Deputy Collector (Establishment), Darbhanga.

4. The Sub-Divisional Officer, Darbhanga.

5. The Circle Officer, Hayaghat, Darbhanga.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Karn For the Respondent/s : Mr. Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2018 The petitioner has challenged the order dated 14.09.2016 passed by the respondent no. 2 whereby and whereunder, the appeal of the petitioner has been dismissed merely on the ground of misjoinder of necessary party. I find that the appeal ought not to have been dismissed merely on the ground of misjoinder of necessary parties and infact the petitioner should have been directed to implead the necessary party and thereafter, the appeal should have been heard on merits.

In such view of the matter, I deem it fit and appropriate to quash the order dated 14.09.2016 passed by the respondent no.2 and remit the matter back to the respondent no. 2

Patna High Court CWJC No.3035 of 2017 (2) dt.28-03-2018 2/2 for adjudication of the appeal on merits. It is further directed that the petitioner shall implead the proper and necessary parties as respondents to this appeal within a period of two weeks from today, for which the respondent no. 2 shall grant permission. It is expected that the appeal of the petitioner shall be disposed of by a reasoned and speaking order after hearing all the parties concerned, within a period of eight weeks from today. The writ petition is allowed to the aforesaid extent.

(Mohit Kumar Shah, J) rinkee/- U