Vishwanath Singh @ Bishwanath Singh And ANR v. The Bihar State Of Bihar Through Collector, Rohtas And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.922 of 2017 ===========================================================
1. Vishwanath Singh @ Bishwanath Singh Son of Ganga Singh
2. Paras Nath Singh Son of Late Ramdeo Singh Both Residents of Village- Dilian (Mirzapur), Ward No. 34 under Sasaram Nagar Parishad, Police Station Sasaram District- Rohtas at Sasaram.
.... .... Appellant/s
Versus
1. The Bihar State of Bihar through Collector, Rohtas, Sasaram.
2. Anchala Adhikari, Sasaram District Rohtas At, P.O. and P.S. Sasaram, District Rohtas.
3. Nezam Alam Son of Late Abdul Manan, Resident of Mohalla- Mawati Tola Sasaram, P.O. Sasaram, P.S. Sasaram, District- Rohtas.
4. Khwaja Safdar Nezami Son of Late Khwaja Hassan Nezami, Resident of Mohalla- Sonar Toli, P.O. Sasaram, P.S. Sasaram, District Rohtas. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Jai Prakash Singh, Advocate For the Respondent/s : Mr. Subhash Chandra Yadav. GP-15 =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 26-07-2018 Heard learned counsel for the petitioners and the learned counsel for the State.
By the impugned order, the petition of the petitioners to intervene in Title Suit No.417 of 2014 has been rejected. Learned counsel for the petitioners submits that admittedly, the suit land stands in the name of Bihar and the same is used as cremation ground. Petitioners are villagers. Therefore, they are also interested party but it appears that the learned Sub Judge has found that since the State of Bihar and Circle Officer are defendants and they have stated that the
Patna High Court C.Misc. No.922 of 2017 dt.26-07-2018 2/2 suit land belongs to the State of Bihar and they are contesting the suit. Learned Sub Judge has found that the petitioners are neither necessary parties nor proper parties.
Having consideration of the facts and circumstances, I do not find any jurisdictional error in the order impugned. Accordingly, the Civil Misc. petition is dismissed. (Prabhat Kumar Jha, J) N.H./- Uma AFR/NAFR NAFR CAV DATE N/A Uploading Date30-07-2018 Transmission Date