IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1016 of 2009 RAJ MANGAL PRASAD SINGH son of late Ram Bilash Singh resident of village Kathaur Tola Jainagar, P.S. Belsand, Distt. Sitamarhi. Versus 1. THE STATE OF BIHAR 2. District Collector, Sitamarhi. 3. Sub-divisional Officer, Belsand, Sitamarhi. 4. Circle Officer, Parsauni, Sitamarhi. ----------- 6 04/09/2009 Heard learned counsel appearing for the parties. For the reasons indicated in the petition for condonation of delay in filing the appeal (I.A. No. 4963 of 2009), the delay is condoned and this I.A. is allowed. The appellant had filed C.W.J.C. No. 3784 of 2007 challenging the order dated 7.12.2006 passed by the Circle Officer, Parsauni, District Sitamarhi (respondentno. 4) in Misc. Case No. 02/06-07 whereby the Jamabandi which was running in the name of the appellant was cancelled but in the aforesaid writ application the person on whose application the order for cancellation of Jamabandi of the appellant had taken place was not impleaded as party. The learned Single Judge has dismissed the writ application mainly on the ground that the appellant may file a civil suit for adjudication of his right, title and interest. In the present appeal the appellant had impleaded Ajay Kumar, the person at whose instance the order dated 7.12.2006 had been passed as respondent no. 5 but later on his name has been deleted by the learned counsel for the appellant on 13.8.2009. This respondent no. 5 had not been impleaded in the connected writ application i.e. C.W.J.C. No. 3784 of 2007. - 2 - In these circumstances, we set aside the order dated 19.1.2009 passed by the learned Single Judge and remand C.W.J.C. No. 3784 of 2007 for fresh disposal. In the said writ petition, Ajay Kumar, the person at whose instance the Jamabandi was cancelled shall be deemed to be impleaded as a party respondent and the matter can be considered afresh after giving notice to all the parties concerned. (P. K. Misra, CJ.) (Anjana Prakash, J.) AMIN