Surendra Singh And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12213 of 2013 ===========================================================
1. Surendra Singh Son Of Dudheshwar Singh Resident Of Vill. Muzaffarpur, P.O. Baruhi, P.S. Sahaar, Dist. Bhojpur (Ara)
2. Renu Devi Wife Of Shivchand Sah Resident Of Vill. Muzaffarpur, P.O. Baruhi, P.S. Sahaar, Dist. Bhojpur (Ara) .... .... Petitioner/s
Versus
1. The State Of Bihar, Through Secretary, Department Of Law, Government Of Bihar, Patna
2. Satyendra Singh Son Of Late Ramdas Singh Resident Of Vill. Baruna, P.S. Narayanpur, Dist. Bhojpur (Ara)
3. Gopal Singh Son Of Satyendra Singh Resident Of Vill. Baruna, P.S. Narayanpur, Dist. Bhojpur (Ara)
4. Vikash Singh Son Of Satyendra Singh Resident Of Vill. Baruna, P.S. Narayanpur, Dist. Bhojpur (Ara)
5. Khushboo Kumari Daughter Of Satyendra Singh Resident Of Vill. Baruna, P.S. Narayanpur, Dist. Bhojpur (Ara)
6. Basanti Kuer Wife Of Late Munna Singh Resident Of Vill. Baruna, P.S. Narayanpur, Dist. Bhojpur (Ara)
7. Prakash Singh Son Of Late Munna Singh, Minor Under The Guardianship Of Mother, Namely, Basanti Kuer, Wife Of Late Munna Singh Resident Of Vill. Baruna, P.S. Narayanpur, Dist. Bhojpur (Ara)
Patna High Court CWJC No.12213 of 2013 dt.28-11-2016
8. Ravi Shankar Singh Son Of Late Munna Singh, Minor Under The Guardianship Of Mother, Namely, Basanti Kuer, Wife Of Late Munna Singh Resident Of Vill. Baruna, P.S. Narayanpur, Dist. Bhojpur (Ara) .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr.Ambuj Nayan Choubey, Adv For the Respondent/s : Mr. Manoj Kumar AC to GP-16 =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 28-11-2016 Heard learned counsel for the petitioners.
The present application has been filed questioning the legal acceptability of the impugned award passed by the Lok Adalat in a proceeding between the respondents alone. The petitioners have claimed that their property has been incorporated as subject matter of the award in question but they have not been impleaded as party in the said proceeding. This fact clearly demonstrates that any admission of right, title and interest over the property subject matter of the award between the parties to the said award would not be binding upon the petitioners. The learned counsel for the petitioners has also accepted the said legal position. As such this Court is not inclined to invoke its jurisdiction under Article 227 of the Constitution of India for interdicting the impugned order. The application is, accordingly, dismissed.
Patna High Court CWJC No.12213 of 2013 dt.28-11-2016 It goes without saying that the petitioners shall have the liberty to seek redressal of the grievance in accordance with law whenever such occasion arises.
(V. Nath, J) Ranjan/- U