IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.794 of 2009 PARAS MANI RAY S/O Late Shiv Pujan Ray, R/O Village- Chharridaha, P.S-Bijayeepur, Distt-Gopalganj…….Appellant/Petitioner Versus 1.THE STATE OF BIHAR 2. The District Magistrate, Gopalganj. 3. The Sub-Divsional Police Officer, Hathua, Distt-Gopalganj 4. The Circle Officer, Bajayeepur, Distt-Gopalganj 5. Kamlesh Sah, S/O Hari Lal Sah 6.Mahendra Sah S/O Lakhi Chandra Sah 7.Srikant Sah S/O Chandra Bali Yadav 9.Sakur Mian S/O Balister Mian 10.Ramayan Sah S/O Late Neur Sah, All R/O Village Chharidaha, P.S.Bijayeepur, Distt-Gopalganj……Respondents/Respondents. ------------- 2. 21-01-2010 Heard Mr. Manan Kumar Mishra, learned counsel for the appellant and Mr. Lalit Kishore, learned Additional Advocate General-3 for the State. In this intra-court appeal challenge is to the order dated 18.4.2009 passed by the learned single Judge in CWJC No.16183 of 2001 whereby he has declined to interfere with the action of the State on the ground that the State Government was not made a party to the Title Suit No.231 of 1999 which has been decreed in favour of the present appellant. On a perusal of the pleadings it is manifest that the appellant had filed the aforesaid suit for declaration of his 2 right title and interest against the defendants therein and obtained a decree. The State was not a party to the Suit. Thus the judgment and decree rendered in the Suit is not binding on the State. In view of the aforesaid, we think it proper that the appellant is at liberty to initiate appropriate civil action for establishing his rights against the State. At this stage, Mr. Mishra learned counsel for the appellant has expressed his apprehension that the order of the learned single Judge may cause a remora/impediment as a result of which the petitioner may face difficulty. Regard being had to the aforesaid facts, we set aside the order passed by learned single Judge and grant liberty to the appellant to initiate appropriate civil action in accordance with law. We by this clarify that this Court has not expressed any opinion on the merit of the case. The appeal is accordingly disposed of without any order as to costs. perwez (Dipak Misra, C.J.) (Shiva Kirti Singh, J.)