IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15348 of 2007 Binay Kumar Das, S/o late Sushil Kumar Das, Resident of Village Vishnupur Bahor, P.s. Town Begusarai, District Begusarai. ------- Petitioner Versus 1. The State of Bihar through the Chief Engineer, Rural Engineering Organization, Patna. 2. The Chief Engineer, Rural Engineering Organization, Patna. 3. The Superintending Engineer, Rural Engineering Organization, Darbhanga. 4. The District Magistrate, Begusarai. 5. The Executive Engineer, R.E.O., Begusarai. --------- Respondents ----------- 2 11.4.2011 Heard learned counsel for the petitioner and counsel for the State. There is some serious dispute in the family of the petitioner. He has himself filed Title Suit No. 50 of 2005 seeking declaration with regard to his succession as also entitlement for appointment on compassionate ground. To that extent, his representation dated 20.1.2004 by itself is an evidence of the fact that it was on account of family dispute that such a title suit was filed subsequently in the year 2005. Once, therefore, there was a dispute with regard to the claim for appointment on compassionate ground, the petitioner had rightly sought shelter of civil court and 2 ought to have waited for the result of the title suit. The filing of the present writ application, in fact, is wholly misconceived as no one can be permitted to change the cause of action in the midstream. That being so, this application is dismissed with an observation that after the petitioner would get decree in his favour in the said Title Suit No. 50 of 2005, he will be at liberty to pursue his case for compassionate appointment provided that if he has not impleaded the State of Bihar and its officials, who have to consider his case for compassionate appointment he must implead them as party to the pending suit, in order to bind them by the decree of the Civil Court. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)