IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.664 of 2007 SURENDRA JHA Versus THE STATE OF BIHAR & ORS With C.W.J.C.No.14358 of 2006 VIJAY SHANKAR JHA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/s Shailendra Kumar Jha, Dr.Binod Kr.Jha (in CWJC No.664/07) For the Petitioner : Mr. Rikesh Sinha, Advocate (in CWJC No.14358/06) For the State : Mrs.Binita Singh,AC to AAG III, Mr.Shankar Kumar Choudhary,Advocate For Pvt.respondent : Mr.Naresh Chandra Verma, Advocate 5 3.2.2010 Heard counsel for the parties. As both the writ applications being C.W.J.C.No.664 of 2007 and C.W.J.C.No.14358 of 2006 arise out of the same impugned order, as such they have been heard together and are being disposed of by this common order. The petitioners are aggrieved by the order dated 13.1.2006 passed by the Permanent Lok Adalat, Madhubani in Partition Case No.111 of 2005 and order dated 19.10.2006 passed by the Permanent Lok Adalat in Miscellaneous Case No.10 of 2006. The petitioners submit that Partition Suit No.111 of 2005 was filed by respondent no.3 Subodh Kumar Jha against respondent nos.4 to 6 in which some of the properties sought to be partitioned between the plaintiff and the defendants belongs to the petitioners. They submit that admittedly there were not a party in the aforesaid partition suit and as soon as they came to learn about the same, they filed Misc. petitions being Misc.Case No.80 of 2006 and 81 of 2006 before the Secretary, District Legal Services 2 KHAN Authority, Madhubani giving details of the property. Counsel for the respondents on the other hand submits that they have not partitioned the properties belonging to the petitioners. Having heard counsel for the parties, this court observes that as the petitioners were not party in the T.S.No.111 of 2005 and before the Permanent Lok Adalat, the award/order or any decree thereof would not bind the petitioners. Further more the award would have no effect on land and properties which belong to the share of the petitioners. It would be open to the parties to take resort to any other remedial measures including filing of the suit, if so advised. With the aforesaid observations and directions, this writ petitions stand disposed of. (S.P.Singh,J)