Dinesh Prasad Singh And ORS v. Shankar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5109 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.

7. Ganesh Prasad Singh.

8. Naresh Prasd Singh.

Both sons of Late Rajendra Prasad Singh.

9. Sita Devi Widow of Late Rajendra Prasad Singh. All resident of village- Muksudpur, Sonar, P.S.- Riga, DistrictSitamarhi. .... .... Petitioners.

Versus

1. Shankar Singh.

2. Murari Singh.

Both Sons of Sonfi Singh, Resident of Village- Muksudpur, Sonar,P.O.- Pokhar Bhinda, P.S.- Riga, District-Sitamarhi.-Respondent 1st party.

3. Uday Pratap Singh, Son of Rajendra Prasad Singh. Resident of village- Muksudpur, Sonar, P .O.-Pokhar Bhinda P.S.- Riga, District-Sitamarhi. -Respondent 3rd party.

4. Keshar Kuer, Wife of Late Nawalkishore Singh.

5. Bimal Kishore.

6. Hari Kishore.

7. Shyam Kishroe @ Nanu.

All Sons of Yougal Kishore Singh (deceased). All resident of Village & P.O.-Chochahi, P.S.-Sariya, District-Vaishali.

8. Sita Devi.

9. Mandwi Devi.

10. Uma Devi.

All daughters of Ram Naresh Shukla , Resident of Village and P.O.-

Khanjahan Chak , P.S.- Lalganj, District- Vaishali.

11. Bhushan Kuer Wife of Suresh Shukla.

12. Bajrang Shukla Son of Ram Das Shukla.

All Resident of Village Khanjahan Chak, P.S.-Lalganj, DistrictVaishali -Respondents 3rd party.

13. Most Lalani Devi, Wife of Late Ram Nath Singh.

14. Indal Singh.

15. Sunil Kumar Singh.

16. Munil Kumar Singh.

All sons of Ramnath Singh (dead).

All Resident of Village- Semar, P.O.- Pokharvinda, P.S.- Riga, DistrictSitamarhi -Respondent 4th party.

17. Consolidation Officer, Riga, Sitamarhi.

18. Deputy Director of Consolidation, Sitamarhi.

19. Director of Consolidation, Bihar Patna -Respondent Vth Party.

20. The State of Bihar. .... .... Respondents. ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Shekhar Dvivedi Mr. Satyendra Kumar Sinha Mr. Krishna Murari Kumar For the Respondent/s : Mr. (Sc2) Mr. Vijay Anand Singh Mr. Shailendra Kumar Singh Mr. Ranjana 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 on behalf of the respondent no.1.

No body has appeared on behalf of the other respondents.

From perusal of the record, it transpires that the I.A.No.972/09 filed for substitution of the heirs and legal representatives of the deceased respondent nos.8 and 12 has stood dismissed for default for non-compliance of the order of this Court. As such, the heirs and legal representatives of the deceased respondent nos.8 and 12 have not been brought on record. Mr. Bindhya Keshari Kumar Singh, the learned senior counsel has submitted that the respondent nos.8 and 12 were necessary parties to the writ application.

In view of the aforesaid facts and submissions, proceeding further with this writ application, in absence of the heirs and legal representatives of the deceased respondent nos.8 and 12, may result in inconsistent order and therefore, this writ application is dismissed as incompetent. (V. Nath, J) Nitesh/- U