Ravi Shankar Kumar @ Ravi Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16317 of 2014 ===========================================================

1. Ravi Shankar Kumar @ Ravi Shankar Singh S/o Sri Haribansh Narayan Singh @ Bhola Singh Resident of village + P.O. Hathiyawan, P.S. + District - Sheikhpura .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shree Prakash, Adv. Mr. Dinkar Kumar, Adv.

For the Respondent/s : Mr. A,K.Choudhary (AAG13) Mr. Meera Singh, AC to AAG 13 Mr. Pramod Kumar, Adv.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 29-06-2015 This writ petition by way of public interest litigation is filed, with a prayer to set aside the orders dated 7.9.2013 and 21.8.2014, passed by the court of Subordinate Judge 1st, Sheikhpura in T.S. No.78/03.

A suit was instituted by the 3rd respondent against the State, claiming the relief in respect of certain land. The petitioner filed an application under Order-1 Rule 10 C.P.C. to implead him as a party respondent on 4.12.2013. The trial court passed an order dated 7.9.2013 as an interim measure in the suit.

Once the petitioner is not a party to the suit, it

Patna High Court CWJC No.16317 of 2014 dt.29-06-2015 2/2 is just impermissible for him to file the writ petition that too by way of public interest litigation.

If he feels aggrieved by the order refusing to implead him in the suit, he has to file a revision. We therefore, dismiss the writ petition.

(L. Narasimha Reddy,CJ) (Sudhir Singh, J) K.C.jha/- N.A.F.R.

U