IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C.No. 18009 of 2009. Baleshwar Sahni, Son of Late Phagu Sahni, resident of Bagdobh, P.S.- Mufasil, District- Khagaria :--- Petitioner. -Versus- 1. The State of Bihar 2. Additional Collector, Khagaria. 3. Ganeshi Sahni, Son of Late Bhumi Sahni, resident of Bagdobh, P.S.- Muffasil, District- Khagaria 4. Arbind Choudhary 5. Birendra Choudhary 6. Arun Choudhary 7. Anil Choudhary, 4 to 7 are sons of Late Rameshwar Choudhary. All residents of Gehtiri, P.S.- Muffasil, District- Khagaria 8. Ashok Sah, Son of Late Parmeshwar Sah, resident of Bagdobh, P.S.- Muffasil, District- Khagaria :--- Respondents. 2. 24.12.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by initiation of Demarcation Case No. 18 of 2008 by the Additional Collector, Khagaria as according to him he does not have any jurisdiction to initiate such proceeding in terms of the provisions contained in Bihar Tenancy Act and Bengal Survey Act and the Rules framed thereunder. In this connection it is pointed out that petitioner is the raiyat of 3 Kathas of land bearing Plot No. 1149 appertaining to Khata No. 68 of Mauza Mehsauri and Bagdobh in the district of Khagaria. It is further submitted that Private Respondent No. 3 purchased 2 Kathas of land in Plot No. 1149 and 1129 appertaining to Khata No. 68 vide registered sale-deed dated 25.10.2004 and thereafter raised land dispute with regard to demarcation of the purchased land as his vendor did not put him in possession of the entire subject matter of the sale-deed. In the demarcation case petitioner was not impleaded as a party although he applied for being made party in the said case. It is submitted on behalf of the petitioner that in case demarcation as sought for by the private respondent no.3 is allowed then his aforesaid lands are likely to be affected. In the circumstances, he is necessary party in the demarcation proceeding. 3. Having heard counsel for the petitioner and the State, I direct the Additional Collector, Khagaria to implead the petitioner as opposite party in the demarcation case no. 18 of 2008 and thereafter consider his submission and pass appropriate orders in accordance with law. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)