Ram Avtar Singh v. Akshaywar Mali And ORS

Patna High Court C.Misc. No.1267 of 2017 (2) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1267 of 2017 ======================================================

1. Ram Avtar Singh S/o Late Jangi Singh R/v Sonav, West Patti Post : Kharendra, P.S. Belav, Distt : Kaimur, Bhabua. .... .... Petitioner/s

Versus

1. Akshaywar Mali S/o Late Ram Janam Mali

2. Ram Chandra Mali S/o Late Jokhu Mali Both Village Sonav, P.S. - Belav, Circle - Rampur, Distt - Kaimur.

3. The State of Bihar through Collector, Kaimur, Bhabua.

4. Anchal Adhikari, Rampur, P.S. - Belav, Distt - Kaimur.

5. Mukhiya, Gram Panchayat, Kharendra, P.S. Belav, Distt - Kaimur. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Nandan Sahay For the Respondent/s : Mr. Sajid Salim Khan-Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2018 Heard both sides.

By the impugned order, the petition of the petitioner to implead him as defendant in representative capacity has been rejected.

Mr. Ravi Shankar Sahay, learned counsel for the petitioner submits that petitioner is a villager and admittedly, the land is standing in the name of Anabad Bihar Sarkar. On the disputed land, a pond is situated and the plaintiff wanted to grab the land.

On the other hand, learned counsel for the State submits that State has already filed written statement. The pond is in

Patna High Court C.Misc. No.1267 of 2017 (2) dt.10-08-2018 possession of the State of Bihar. The State of Bihar is protecting its own interest and petitioner is not a necessary party. Learned Sub Judge has rightly rejected the petition of the petitioner to be impleaded as defendant.

Having considered the facts aforesaid, I find that petitioner who is a villager is not a necessary party with regard to the land standing in the name of State of Bihar and the State of Bihar has already filed written statement.

Thus, I do not find any illegality in the order impugned. Accordingly, this civil miscellaneous petition is dismissed. (Prabhat Kumar Jha, J) Saurabh/- U