IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2621 of 2006 1. AWADHESH PRASAD THAKUR, SON OF LATE VIJAY PD. THAKUR 2. NAWESH PRASAD THAKUR, SON OF LATE VIJAY PD. THAKUR, BOTH ARE RESIDENT OF VILLAGE PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR 2. KANNU KUMARI, WIFE OF YOGENDRA PRASAD RAI, RESIDENT OF VILLAGE NARKATIYA, P.S. AND P.O. LATTIPUR, DISTT. BHAGALPUR. 3. LALAN PD. THAKUR, SON OF LATE JAGARNATH PD. THAKUR @ SHIVJI THAKUR. 4. NEERAJ KUMAR THAKUR. 5. DHIRAJ KUMAR THAKUR, SL. NO.3 TO 5 ARE RESIDENT OF VILLAGE PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. 6. SMT. SARDHYA THAKUR WIFE OF SHRI MOHAN PD. THAKUR. 7. SMT. ASHA DEVI, WIFE OF SHRI SOHAN PD. THAKUR @ RUDAL PD. THAKUR. 8. SMT. LALITA DEVI, WIFE OF SHRI ARUN KUMAR THAKUR. 9. MASTER ANIL KUMAR THAKUR, MINOR SON OF SRI ARUN KUMAR THAKUR UNDER THE GUARDIANSHIP OF HIS FATHER ARUN KUMAR THAKUR. 10. SMT. DURGA DEVI, WIFE OF SRI RUDRADEO PD. THAKUR @ RUDAL THAKUR., SL. NO.6 TO 10 ARE RESIDENT OF VILLAGE PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. 11. MOST. SITA KUER, WIDOW OF LATE BIJAY PD. THAKUR. 12. PRAMOD PD. THAKUR, SOJ OF LATE VIJAY PD. THAKUR. 13. KANHAI PD. THAKUR 14. MURARI PD. THAKUR, BOTH MINOR SONS OF AWADHESH PD. THAKUR UNDER THE GUARDIANSHIP OF THEIR FATHER. 15. ASHO KUMAR, SL NO.11 TO 16 ARE RESIDENT OF VILL. PATAHI, P.S. SADAR, DIST. MUZAFFARPUR. 16. SANJAY KUMAR 17. AJAI KUMAR, BOTH SONS OF KRISHNA NANDAN PD. SINGH, MINORS UNDER THE GUARDIANSHIP OF THEIR FATHER KRISHAN NANDAN PD. SINGH., SL. NO.16 TO 17 ARE RESIDENT OF VILL CHARWAN, P.S. AND P.O. NAWAGARH, DISTRICT MUNGER. 18. SARITA DEVI, WIFE OF BINOD TIWARY, RESIDENT OF VILL. BAKARPUR, P.O. AND P.S. BAKARPUR, DISTRICT VAISHALI. 19. MAHADEO PD. THAKUR, SON OF SHITAL PD. THAKUR. 20. BINOD PD. THAKUR @ GANESH PD. THAKUR. 21. MOHAN PD. THAKUR 22. SOHAN PD. THAKUR, SONS OF MAHADEO PD. THAKUR. 23. NAVIN KUMAR THAKUR, SON OF BINOD PD. THAKUR @ GANESH THAKUR. 24. AMIT KUMAR THAKUR. 25. SUMIT KUMAR THAKUR, MINOR SONS OF MOHAN PD. THAKUR UNDER THE GUARDIANGHIP OF THEIR FATHER MOHAN PD. THAKUR. 26. PRIYA RANJAN KUMAR THAKUR. - 2 - 27. RAVI RANJAN KUMAR THAKUR, SONS OF SOHAN PD. THAKUR, MINOR UNDER THE GUARDIANSHIP OF THEIR FATHER. 28. RUDRADEO PD. THAKUR @ RUDAL PD. THAKUR, SON OF LATE SHITAL PD. THAKUR, SL. NO.19 TO 28 ARE RESIDENT OF VILLAGE PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. 29. SMT. MALTI SINHA, WIFE OF KAMESHWAR PD. SINGH, RESIDENT OF VILLAGE GOKHULA, P.O. GOKHULA, RUPAULI, P.S. PAROO, DISTRICT MUZAFFARPUR. 30. SMT. KANTI DEVI, WIFE OF SRI KESHAV KISHORE SHARMA, RESIDENT OF VILLAGE CHATURI PUNAS, P.O. CHANDWARA, P.S. AHIYAPUR, DISTRICT MUZAFFARPUR. SL. NO.29 AND 30 ARE RESIDENT OF VILLAGE PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. 31. RAM CHANDRA PD. THAKUR, SON OF LATE HARDEO NARAYAN THAKUR. 32. SADAN KUMAR THAKUR, SON OF RAM CHANDRA PD. THAKUR. 33. CHANDAN KUMAR THAKUR, MINOR SON OF SADAN KUMAR THAKUR, UNDER THE GUARDIANSHIP OF FATHER SADAN KUMAR THAKUR. 34. MOST. DRAUPADI KUER, WIDOW OF LATE KAMESHWAR PRASAD THAKUR @ NATHUNI PD. THAKUR. SL. NO.31 TO 34 ARE RESIDENT OF VILLAGE PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. 35. MADAN KUMAR THAKUR 36. MUKESH KUMAR THAKUR, SONS OF KAMESHWAR PD. THAKUR @ NATHUNI PD. THAKUR, RESIDENT OF VILL. PATAHI, P.S SADAR, DISTT. MUZAFFARPUR. 37. INDU DEVI, WIFE OF SHRI RAMA KANT PD. SINGH, RESIDENT OF VILLAGE AND POST MAHISAUR, P.S. BIDDUPUR, DISTRICT VAISHALI. 38. BHUPENDRA PD. SINGH, SON OF NOT KNOWN. 39. CHUNCHUN, MINOR SON OF BHUPENDRA PD. SINGH UNDER THE GUARDIANSHIP OF HIS FATHER SRI BHUPENDRA PD. SINGH, RESIDENT OF VILLAGE BIHATA, P.S. AND P.O. BIHATA, DISTRICT PATNA. 40. FOOL KUMARI DEVI, WIFE OF BAIDYANATH PD. SHARMA ADVOCATE, RESIDENT OF MOHALLA JURAN CHAPRA, ROAD NO.3, MUZAFFARPUR. ALL ARE RESIDENT OF VILLAGE PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. 41. SMT. GEETA DEVI, WIFE OF NAND KISHORE RAJAK, RESIDENT OF VILLAGE GANGHALI, P.S. ANCHAL MOTIPUR, DIST. MUZAFFARPUR. 42. SMT. URMILA DEVI, WIFE OF SRI NAND LAL MAHTO, RESIDENT OF VILLAGE BALICHANDRAPURA, P.S. SAHPUR PATORI, P.O. AND DISTRICT SAMASTIPUR AT PRESENT RESIDING AT VILLAGE AND POST PATAHI, P.S. SADAR, DISTRICT MUZAFFARPUR. 43. SRI BISUNDEO KUMAR, SON OF NATHUNI MAHTO, RESIDENT OF VILLAGE HARDI, P.O. AND P.S. KATNAIYA, DISTRICT MUZAFFARPUR. ----------- - 3 - 03. 09.02.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 6.3.2002 passed by the Permanent Lok Adalat, Muzaffarpur in Title Suit No.254 of 1992, Annexure-1, whereunder the said suit has been decreed under award dated 6.3.2002, Annexure-3 in the light of the compromise petition dated 2.2.2002, Annexure-2. 3. It is submitted on behalf of the petitioners that they were defendant nos.9 and 10 in Title Suit No.254 of 1992 which was earlier pending in the court of Subordinate Judge-VII, Muzaffarpur. It is also submitted by the counsel for the petitioners with reference to the photo copy of the certified copy of the compromise petition dated 2.2.2002, Annexure-2 that they have not signed the said compromise petition, which is evident from bare perusal of the photo copy of the certified copy of the compromise petition dated 2.2.2002. 4. Having heard counsel for the parties, I direct the petitioners to file suit in the civil court of competent jurisdiction seeking declaration that the award dated 6.3.2002 passed by the Permanent Lok Adalat, Muzaffarpur in Title Suit No.254 of 1992 is not binding on them, as they were not signatory to the compromise petition dated 2.2.2002, Annexure-2, which is the basis for passing the award dated 6.3.2002, Annexure-3. 5. With the observation aforesaid, the writ petition is disposed of. Rajesh/ (V.N. Sinha, J.)