IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.405 of 2011 In (CIVIL WRIT JURISDICTION CASE 12294/2010) Sipahi Ram Versus The State Of Bihar & Ors ---------------------------------- 2 30.11.2011 This review application has been filed by the Panchayat Secretary on the ground that he was a necessary party to the writ petition and as such he seeks review of the order passed in the writ petition. There is a distinction between the necessary party and the proper party. What was challenged in the writ petition was the order of the District Magistrate, which was an ex parte order cancelling the appointment of the writ petitioner. This Court held that the action was wholly without jurisdiction and set aside the order. The action of the Panchayat Secretary was not in question. Thus, the Panchayat Secretary at best could be a proper party but not a necessary party. That being so and the order being impugned in the writ petition being that of the District Magistrate and not the Panchayat Secretary, this review application is misconceived and is dismissed as such. singh (Navaniti Prasad Singh,J)