Rishi Raj Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13212 of 2022 ====================================================== Rishi Raj Sinha Son of Late Rajeshwar Prasad Sinha, resident of Village - Dona, Circle - Hisua, P.S. - Hisua, District - Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector cum District Magistrate, Nawada. 3.

The Additional District Magistrate, Nawada.

4.

The Deputy Collector, Land Reforms, Nawada.

5.

The Circle Officer Hisua at Nawada.

6.

Mukhiya, Dona Gram Panchayat, Village - Dona, Circle - Hisua, Thana No. 84, District - Nawada.

7.

Gaya Pandit @ Gaya Pandey, Son of Not known, R/o Village - Dona, P.S. - Hisua, District - Nawada.

8.

Dinesh Pandey Son of Gaya Pandey @ Gaya Pandit, R/o Village - Dona, P.S. - Hisua, District - Nawada.

9.

Navin Pandey, Son of Gaya Pandey @ Gaya Pandit, R/o Village - Dona, P.S. - Hisua, District - Nawada.

10.

Achyutanand Pandey @ Achyutanand R/o Village - Dona, P.S. - Hisua, District - Nawada.

11.

Lalo Mahto, Son of Not Known, R/o Village - Dona, P.S. - Hisua, District - Nawada.

12.

Manger Mahto, Son of Not Known, R/o Village - Dona, P.S. - Hisua, District - Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rishi Raj Sinha (In Person) For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) Mr. Manoj Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2023 Mr. Rishi Raj Sinha (in person) submits that a portion of the undivided joint family property has been purchased by some private persons from a stranger against which the petitioner has filed a title suit for cancellation of the sale deed

Patna High Court CWJC No.13212 of 2022(7) dt.17-01-2023 2/3 dated 29.05.2019. He next submits that another case has been lodged by the petitioner before the D.C.L.R., Nawada for measurement of the land, for removal of encroachment done by the trespassers, who have illegally constructed house upon the land of the petitioner. The case filed by the petitioner before the D.C.L.R. under the Bihar Land Dispute Resolution Act, 2009 is registered as B.L.D.R. Case No. 17 / 2022.

Mr. Manoj Kumar Sinha, learned counsel appears and submits that he has filed I.A. No. 1 of 2022 before this Court for impleadment of the intervenor - respondent / Indu Kumari @ Indu Devi as a party in the writ application on the ground that the intervenor - respondent is an interested party and any order passed by this Court shall have bearing upon the rights of the intervenor - respondent. He next submits that the intervenor -respondent is a purchaser of the joint family land from the cosharer by way of registered sale deed, as such, she may be added as a party in the present writ application.

Taking into consideration the nature of prayer made in the I.A. No. 1 / 2022 , the same is allowed.

The intervenor - respondent / Indu Kumari @ Indu Devi is permitted to be added as respondent no. 13 to this writ application.

Patna High Court CWJC No.13212 of 2022(7) dt.17-01-2023 3/3 After having heard learned counsel for the parties and taking into consideration the nature of dispute in the writ application, the present writ application is disposed with a direction to the D.C.L.R., Nawada to consider the claim of the petitioner in accordance with law after giving opportunity of hearing to all concerned within a period of six months from the date of receipt / production of a copy of this order. (Anil Kumar Sinha, J) praful/- U