Awadh Kishore Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1970 of 2018 ======================================================
1. Awadh Kishore Singh, Son of Late Ghanshyam Singh, Resident of Village- Thakaraha, P.S.- Thakaraha, Distt.- West Champaran.
2. Ramchandra Prasad, Son of Late Dhari Sah, resident of Thakaraha, P.S.- Thakaraha, District- West Champaran.
3. Surendra Yadav, Son of Dudhnath Yadav, Resident of VillageMotipur, P.S.- Thakaraha, Dist.- West Champaran At present Mukhiya, Gram Panchayat Motipur.
4. Hiraram, son of Late Nathuni Ram, Resident of VillageBelwaripatti, P.S.- Thakaraha, District- West Champaran.
5. Sanjay Kumar Singh, Son of Late Kapildeo Singh, Resident of Jagiraha, P.O.- Thakaraha, Distt.- West Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate, West Champaran at Bettiah.
3. The Subdivisional Magistrate, Bagaha, West Champaran.
4. The Circle Officer, Thakaraha, West Champaran.
5. The Officer-in-Charge Bagaha, P.S. West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the State :
Mr. Mukul Prasad, AC to GP-18 For the Respondent :
Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-09-2018 By filing this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate order directing the respondents-authorities to remove the encroachment done by several persons upon the land of the Bihar Sarkar as Gairmazarua Malik.
From the averments made in the writ petition, it appears that the petitioners have not disclosed the names of those
Patna High Court CWJC No.1970 of 2018(3) dt.12-09-2018 2/2 persons, who have encroached upon the government land as alleged. Even those encroachers/alleged encroachers, who are likely to be affected, are not even made as party-respondents. Under the circumstances on the aforesaid ground alone, the present writ petition stands dismissed. At this stage, learned counsel for the petitioners seeks permission to add those persons as party-respondents. Prayer is rejected.
(Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) skm/- U