Muslim Akhtar And ANR v. Md. Iliyas And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2543 of 2015 ====================================================== Muslim Akhtar & Anr .... .... Petitioner/s

Versus

Md. Iliyas & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Singh For the Respondent/s : Mr. Avnish Nandan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-03-2016 Heard the learned counsel for the petitioners and the learned counsel for the State.

By the impugned order dated 02.12.2013, the learned Munsiff-IInd, Rohtash at Sasaram in Title Suit No. 79 of 2009 rejected the intervention application filed by the petitioners. It appears that the Title Suit No. 79 of 2009 was filed by the plaintiff-respondents for declaration of title and for correction of the survey record of right wherein it has been mentioned as the land of State.

The petitioners filed intervention application alleging that, in fact, the suit land for which the plaintiff-respondents has filed the suit is Idgah and used by the Muslim Community at large for more than 70 years. The Court below by the impugned order recorded finding that petitioners are not necessary party. In such view of the matter when the Court below has

Patna High Court CWJC No.2543 of 2015 (2) dt.04-03-2016 2/2 held that the petitioners are not necessary party, it can not be said that order is irrational and it is illegal order and, therefore, in supervisory jurisdiction it cannot be interfered with. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) ravi/- U