IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.963 of 2008 BARIARPUR MATASYAJIVI SAHYOG SAMITI LTD. BARIARPUR THROUGH ITS SECRETARY, SAHENDRA MANDAL, S/O LATE THAKUR MANDAL, R/O VILLAGE- PARIYA, P.S. BARIARPUR, DISTRICT-MUNGER. -APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ANIMAL HUSBANDARY AND FISHERIES DEPARTMENT, BIHAR, PATNA. 2. THE JOINT SECRETARY, ANIMAL HUSBANDARY AND FISHERIES DEPARTMENT, BIHAR, PATNA. 3. THE DIRECTOR, FISHERIES, BIHAR, PATNA. 4. THE JOINT DIRECTOR, FISHERIES DEPARTMENT, BIHAR, PATNA. 5. THE DEPUTY DIRECTOR, FISHERIES, BHAGALPUR. 6. THE DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER, MUNGER. 7. -RESPONDENTS- 1st Set. 7. PRAKHAND BARIARPUR MATASWYAJIVI SWABLAMBI SAHKARI SAMITI LTD., BARIARPUR, MUNGER, THROUGH ITS CHIEF EXECUTIVE SAUDAGAR SAHNI. 8. SAUDAGAR SAHNI, S/O LATE NASIB SAHNI, R/O VILL + P.S. BARIARPUR, DIST.-MUNGER. -RESPONDENT –IIND SET. 6 20.03.2009 The appellant in this appeal questions the rejection of the intervention application as well as grant of stay of the impugned order of the learned single Judge. It is the case of the writ petitioner that at its instance impugned order was passed. We are of the view that 2 a technical view as to addition of party need not be taken in Letters Patent Appeal. While hearing the matter, appellant’s view also can be considered. Appellant can also be heard when final judgment is passed in the writ application. However, learned counsel for the State submits that after filing of the appeal Mr. Sahendra Mandal, the then Secretary of the Bariarpur Matasyajivi Sahyog Samiti Limited was removed from that post. We are not expressing any opinion regarding the same in this appeal. At the time of filing of the appeal he was the Secretary and he filed the same on behalf of the Co-operative Society. State can also agitate the administrator also as a party and the writ court is to take decision. We direct that the Bariarpur Matasyajiv Sahyog Samiti Limited, Bariarpur be impleaded as a party in the writ application so that it can be heard while disposing of the case finally. We are not expressing any opinion regarding the removal of the then Secretary as that has to be considered in a separate proceeding. Considering the facts and circumstances of the 3 case, we are of the view that stay granted by the learned single Judge cannot be vacated. The appeal is disposed of as above. (J.B. Koshy, CJ) (Dharnidhar Jha, J.) AAhmad