IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22744 of 2011 ====================================================== Jai Prakash Jha, S/o Awadh Kumar Jha, Resident of village –Tetari, P.S.- Naugachhia, District-Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar through the Collector, Bhagalpur. .... .... Defendant 1st Party/Respondent 1st Party. 2. Dablu Mishra. 3. Anil Mishra. 4. Baua Mishra All sons of Late Kamleshwari Prasad Mishra, resident of village- Mohadatpur, P.S.-Naugachhia, District-Bhagalpur, at present residing at village-Adampur, P.S.-Kotwali, District-Bhagalpur. ….. Defendant 2nd party/Respondent 2nd Party. 5. Sri Kant Chourasia 6. Manikant Chourasia 7. Bijay Kumar Chourasia. 8. Bipin Kumar Chourasia All sons of Late Ram Khelawan Mandal. 9. Rajendra Prasad Chourasia, son of Hari Mandal. 10. Surya Kant Chourasia. 11. Ashish Kumar Chourasia Both sons of Late Thalur Mandal, resident of village –Tetari Tola, Mahadatpur, P.S.-Naugachhia, District-Bhagalpur. ….. Defendant 3rd Party/Respondent 3rd Parties. 12. Ashok Chourasia. 13. Ranjeet Chourasia Both sons of Late Gulab Chourasia @ Mandal, resident of village – Tetari Tola, Mahadatpur, P.S.-Naugachhia, District-Bhagalpur. ….…. Intervener/Respondent 4th Parties. 14. Naresh Jha son of Late Bhuvaneshwar Jha. 15. Shanti Devi, wife of Late Kailash Jha. 16. Kanhaiya Jha. 17. Gore Jha, both minor sons of Late Kailash Jha through legal guardian their mother Shanti Devi wife of Late Kailash Jha. All resident of village –Tetari Tola, Mophadatpur, P.S.-Naugachhia, District-Bhagalpur. …. ….. Plaintiffs /Respondent 5th Parties. ====================================================== Appearance : For the Petitioner/s : Mr. Rajib Ranjan Jha with Mr. Ranjan Kumar Jha, Advocates. For the Respondent/s : Mr. Anjani Kumar AAG 10 CORAM: HONOURABLE THE CHIEF JUSTICE Patna High Court CWJC No.22744 of 2011 (2) dt.22-12-2011 2 / 2 2 ORAL ORDER 2 22-12-2011 This petition under Article 227 of the Constitution is filed by the plaintiff in Title Suit No. 97 of 2002 pending before the court of Munsif, Naugachia, against the order dated 21st September 2011 made by the learned trial Judge allowing the applicants one Jai Prakash Jha and others to be impleaded as party defendants in the suit. Learned Advocate Mr. Rajib Ranjan Jha has appeared for the petitioner-plaintiff. He has submitted that the proposed defendants have set up their claim over the suit land Khesra No. 1434. He has submitted that in a tenancy proceeding it has already been held that the proposed defendants have a house situated on the land Khesra No. 1435. The proposed defendants, therefore, have no claim over the suit land. They are neither necessary parties nor the proper parties. They should not be allowed to be impleaded as defendants. That too after a period of around eight years from the date of the suit. I have perused the application for joining as parties made by the proposed defendants and the order of the learned trial Judge. May be, it is disputed, but the proposed defendants have lodged their claim over the suit land. The order impleading the proposed defendants cannot be said to be erroneous or unjust. Petition is dismissed in limine. Sujit/- (R.M. Doshit, CJ)