IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.865 of 2007 With LPA No. 11 of 2008. In L.P.A. No. 865 of 2007 1. Samastipur Kshetriya Gramin Bank, through its Chairman, having its head office at Gayatri Complex, Mohanpur Road, Samastipur. 2. Board of Directors, Samastipur Kshetriya Gramin Bank, Gayatri Complex, Mohanpur Road, Samastipur 3. Chairman, Samastipur Kshetriya Gramin Bank, Gayatri Complex, Mohanpur Road, Samastipur ----- Respondents—Appellants. Versus 1. Udai Kumar Mehta, son of late Anant Prasad Mehta, Resident of Mohalla-Bahadurpur (Nachari Jha Gali), Near Petrol Pump, Samastipur. 2. Shambhu Prasad Verma, son of late Bhola Prasad Verma, resident of Kaystha Tola, Vishnupur, Begusarai. 3. Anil Kumar Hunday, son of R.D. Hunday, Mishra Tola, Imamganj, Muzaffarpur. 4. Pravesh Kumar, son of Achutanand Prasad, Registrar Campus, Sonbarsa Chowk, Kashipur, Samastipur ---- Petitioners—respondents. 5. Anant Prakash, son of Sri Lallan Prasad resident of 404 B Mangalam Bihar Apartment, Argarde Road, Near Jagdeo Path P.S. Danapur, District- Patna. 6. Yogendra Ram, son of late Saryug Ram, resident of Mohalla West of T. Academy School, Kashipur P.S. and District- Samastipur. 7. Jitendra Singh, Son of late Nag Narayan Singh, resident of Azad Chowk, infront of B.Ed. College, Tajpur Road, District- Samastipur. 8. Anwarul Hasan, Son of Ibnul Hassan, resident of Razia Manzil, Tinkothiya, Packi Sarai, District-Muzaffarpur. 9. Umesh Kumar Verma, son of Sri Nand Kishore Prasad resident of Mohalla Power House Chowk, Maripur, P.S. and District-Muzaffarpur. 10. Atul Kumar Sinha, Son of late Rajeshwar Prasad Sinha Sitayan, Resident of Azad Chowk, posted in B.Ed. College, Samastipur. 11. Jayat Kumar Sinha, Son of late Sideshwar Prasad, resident of Adarsh Bihar Colony, Bailey Road, Rukanpura, District-Patna. 2 12. Vijay Verma, son of Shri Shankaranand Verma, Resident of Anand Kutir, Kashipur, District-Samastipur. 13. Sachindra Nath, son of Sri Lakhan Lal Das, resident of West of T. Academy School, Kashipur P.S. and District –Samastipur. 14. Yatandra Kumar, son of late Ram Narain Khusra, resident of Savitri Vila, Gas Godown Lane, Tajpur Road, Samastipur. 15. Ramesh Kumar Verma, Son of Shri Nand Kishore Prasad, Resident of Chitragupta Puri Road, Maripur, P.S. Kazi Mohammadpur, District- Muzaffarpur. 16. Anil Kumar, son of Shri Damodar Kumar, resident of near Kisan Gas Godown, Musapur,District-Samastipur. 17. Suresh Kumar Rai, son of late Deo Narayan Roy, resident of opposite, Tata Commercial Dharampur, Tajpur Road, Samastipur. 18. Shyam Lal Dargan, son of Shri Baldev Lal Dargu, resident of 4/2, Punjabi Colony, Samastipur. ---Interveners-Respondents (in I.A. No. 6090 of 2007). 19. Arun Kumar Pandey, son of Shri Yogendra Pandey, resident of Adarsh Nagar, P.S. Samastipur, District-Samastipur. 20. Manoj Kumar Verma, son of late Shyam Narain Prasad, resident of Dharampur, Behind Dharampur High School, Gas Godown Road, P.S. Samastipur, District-Samastipur. 21. Arun Kumar Singh, son of Shri Baleshwar Prasad Singh, resident of Village and P.O. Kubauliram, P.S. Bangra, District-Samastipur. 22. Randhir Kumar, son of Shri Balram Kunwar, resident of Veer Kunwar Singh Colony, Ward No.5, Kashipur, P.S. Samastipur, District- Samastipur. 23. Ashok Kumar Labh, son of late Shatruhan Prasad Labh, resident of Shri Krishnapuri, Ward No.5, P.S. Samastipur, District- Samastipur. 24. Moti Lal, son of late Lal Bahadur Prasad, resident of Dharampur, behind Dharampur High school, Gas Godown Road, P.S. Samastipur, District-Samastipur. 25. Avinash Chandra Verma, son of late Laxmi Narain Verma, Gas Godown Road, Musapur, P.S. Samastipur, District- Samastipur. 26. Manoj Kumar, son of late R.K. Sharma, resident of Adarsh Nagar, Mohanpur Road, P.S. Samastipur, District-Samastipur. 27. Umesh Prasad Thakur, son of Shri Rajendra Prasad Thakur, resident of Behal Vihar, Bela, 3 P.O. MIC Bela, District- Muzaffarpur --- Interveners- Respondents(in I.A. No.6099 of 2007). In L.P.A. No.11 of 2008 Anil Kumar Srivastava No.1, son of late Lala Prasad Srivastava, resident of Ward No.3, Veer Kunwar Singh Colony, Kashipur, P.S. & District-Samastipur, posted at Area Office Samastipur Kshetriya Gramin Bank, Rosera, Samastipur, presently working as Scale –I Officer in Samastipur Kshetriya Gramin Bank, having head office at Gayatri Complex, Mohanpur Road, Samastipur --- Petitioner no.1—Appellant. Versus 1. The Samastipur Kshetriya Gramin Bank through its Chairman, Head Office, Gayatri Complex, Mohanpur Road, Samastipur. 2. The Board of Directors Samastipur Kshetriya Gramin Bank through its Chairman, Samastipur. 3. The Chairman Selection Committee, Samastipur Kshetria Gramin Bank, Gayatri Complex, Mohanpur Road, Samastipur. 4. The Assistant General Manager, State Bank of India (Regional Rural Bank Cell) Local Head Office, Gandhi Maidan, Patna-1. 5. The Member Selection Committee (Samastipur Kshetria Gramin Bank) State Bank of India, Local Head Office, Gandhi Maidan, Patna-1. 6. The District Development Manager (Member Selection Committee) Samastipur Kshetriya Gramin Bank, National Bank for Agricultural and Rural Development Behind Tirhut Academy, Kashipur,Samastipur --- Respondents/Respondents Ist Set. 7. Shankar Lal son of late Ram Chandra Sah, M/S Jai Pharmacy, Station Road, P.S. and District-Patna, at present posted as Branch Manager, Samastipur Kshetriya Gramin Bank, Chakpahar, P.S. Tajpur, District-Samastipur. 8. Bimal Kumar Verma, son of late Baiju Prasad Verma, resident of J.P. Colony, Chandbari, P.S. and District –Muzaffarpur at present Accountant Samastipur Kshetriya Gramin Bank, Parsa, District-Samastipur. 9. Md. Ahsanul Haque son of late Md. Jaimul Haque, resident of Mohalla-Dharampur, P.S. and District-Samastipur. at present posted as Branch Manager, Samastipur, Kshetriya Gramin Bank, Raghopur, District-Samastipur. 4 10. Chandramauleshwar Roy, son of Sri Nageshwar Roy, resident of Mohalla-Sinma, P.S. Khodawandpur, District-Begusarai, at present posted at Area Officer, Samastipur Kshetriya Gramin Bank, Dalsingsarai, P.S. Dalsingsarai, District-Samastipur. 11. Anant Kumar Sinha, son of Sri Jai Prakash Narayan, resident of Mohalla-Kashipur, P.S. and District-Samastipur, at present posted as Branch Manager, Samastipur Kshetriya Gramin Bank, Belamegh Chandchaur, District- Samastipur -----Proforma Respondents/Petitioner no.2 to 6 in the writ petition, 2nd set –Respondents. ----------- 6. 5.5.2010 Heard Mr. Chittaranjan Sinha for the appellants, Mr. Ganesh Prasad Singh, and Mr. S.N. Jha for respondents. L.P.A. No.865 of 2007 raises a grievance with respect to the order dated 12.9.2007, passed by a learned Single Judge of this Court in C.W.J.C. No. 3455 of 2005 (Udai Kumar Mehta and others Vs. Samastipur Kshetriya Gramin Bank and others). The analogous L.P.A. No.11 of 2008 raises a grievance with respect to the order dated 8.8.2007, passed by a learned Single Judge of this Court in C.W.J.C. No.9605 of 2005 (Anil Kumar Srivastava No.1 & others Vs. The Samastipur Kshetriya Gramin Bank & Others). Both the writ petitions raised common issues of law and facts. The writ petitions suffered from the error of not impleading some persons as party respondents who are now adversely affected by the orders of the learned writ 5 Court. Therefore, the adversely affected persons filed I.A. No.6090 of 2007, and I.A. No.6099 of 2007, in L.P.A. No.865 of 2007, praying therein that these applicants may be impleaded as party respondents in the appeal. The same was allowed by a Division Bench of this Court by order dated 22.8.2008, and they have been permitted to be impleaded as party respondents in this appeal. No such application has been filed in L.P.A. No. 11 of 2008 as a result of which the persons who are adversely affected by the order of the learned writ court are not on record. 2. Learned counsel for the appellants rightly submits that the learned writ Court allowed C.W.J.C. No. 3455 of 2005 in the absence of persons who would be adversely affected by the judgment. We are, therefore, of the view that the appropriate course of action would be to ignore the judgments of the learned writ court in the two writ petitions. Both the writ petitions go back to the learned writ Court for a fresh decision in accordance with law and after affording reasonable opportunity of hearing to the parties including the applicants of the interlocutory applications. 6 3. We are mindful of the position that such persons have been impleaded as party respondents in L.P.A. No.865 of 2007, and not in L.P.A. No.11 of 2008, let alone the two connected writ petitions. It goes without saying that it will be open to the writ petitioners to file fresh applications for addition of party respondents. Mr. S.N. Jha undertakes to file fresh interlocutory applications in both the writ petitions to be impleaded as party respondents. 4. We note with considerable unhappiness that the order dated 22.8.2008, passed in I.A. No.6090 of 2007, and I.A. No. 6099 of 2007, impleading the applicants therein as party respondents has not been carried out as a result of which the array of respondents has not been modified. This is the primary ground on which the matter goes back to the learned Single Judge and the duty has not been carried out. We have noticed such failures are increasing and the present one is not an isolated case. It is, therefore, necessary to find out whether it is the duty of the office, or learned counsel for the appellants, or that of the learned counsel whose application was allowed, to carry out 7 such orders, and orders on substitution applications. Let this aspect of the matter be placed before Hon’ble the Chief Justice for appropriate orders on the administrative side, including consideration of the issue whether amendment of the Patna High Court Rules is needed. 5. L.P.A. No. 865 of 2007, and L.P.A. No.11 of 2008, are accordingly disposed of. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)