Patna High Court - Orders
Badari Prasad Yadav & Ors vs The State Of Bihar & Ors on 5 December, 2014
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court CWJC No.14252 of 2010 (5) dt.05-12-2014 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14252 of 2010
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1. Badari Prasad Yadav S/O Late Sautar Yadav
2. Subhas Singh S/O Late Chand Badan Singh
3. Karamchand Yadav S/O Late Laxman Yadav
All are R/O Mohalla- Resham Nagar, Bhadurpur, P.S.- Zero Mile, Distt.-
Bhagalpur.
4. Md. Anwar S/O Late Md. Begrid R/O Mohalla- Barai, P.S.- Barari,
Distt.- Bhagalpur
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Collector, Bhagalpur
2. Anchal Adhikari, Sabur, Bhagalpur
3. Sitaram Das S/O M. Chander R/O Vill.- Mukheria, P.S.- Jagdishpur,
P.O.- Khutana, Distt.- Bhagalpur
4. Shailendra Kumar Yadav S/O Taniklal Yadav R/O Vill.- Khutaha, P.S.-
Lodipur, P.O.- Khutaha, Distt.- Bhagalpur.
5. Niraj Kumar Yadav S/O Rajendra Yadav R/O Vill.- Kutubganj, P.S.
Mojahidpur, P.S.- Mirzanhat, Distt.- Bhagalpur.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vikas Kumar, Adv.
For the State Mr. Bhuneshwar Pandey, AC to SC-31
For Respondents No. 3-5 Mr. S.S. Dvivedi, Sr. Adv.
Mr. Rakesh Chandra, Adv.
Mrs. Sangeeta Sharma, Adv.
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
5 05-12-2014Heard learned counsel for the petitioners, learned counsel appearing for the private respondents as well as learned counsel for the State.
Private respondents no. 3 and 5 filed Title Suit No. 252/2006 against the State of Bihar for declaration of right, title and interest in respect of the suit land as described at Schedule-A of the plaint of above stated Title Suit No. 252/2006. The Patna High Court CWJC No.14252 of 2010 (5) dt.05-12-2014 2 petitioners filed a petition under Order 1 Rule 10 of the C.P.C. praying therein to implead them as party to the above stated suit but the above stated petition was rejected by learned Sub-Judge- VIII, Bhagalpur passing order dated 05.07.2010 which has been impugned before this court in this writ petition.
The contention on behalf of the petitioners is that much prior to filing of Title Suit No. 252/2006, petitioners had filed Title Suit No. 146/2006 against the State of Bihar for declaration of their right, title and possession in respect of the same land but unfortunately, the aforesaid Title Suit No. 146/2006 was dismissed on technical ground and against the above stated dismissal order, Title Appeal No. 75/07 was preferred and the aforesaid Title Appeal No. 75/07 was allowed by the learned 4th Additional District Judge, Bhagalpur vide judgment dated 13.07.2011 setting aside the judgment and decree of the trial court declaring the right and title of the petitioners in respect of the disputed plots. He further submitted that when petitioners got knowledge about filing of Title Suit No. 252/2006, they approached the trial court with prayer to implead them as defendants to the above stated Title Suit No. 252/2006 but their prayer was rejected by the learned court below passing impugned order. He further submitted that learned court below committed an Patna High Court CWJC No.14252 of 2010 (5) dt.05-12-2014 3 error in rejecting the prayer of the petitioners because if the petitioners are not made party to the above stated Title Suit No. 252/2006, there is every possibility of divergence of opinions of the courts.
Learned counsel appearing for the private respondents submits that admittedly, Title Appeal No. 75/07 was allowed by the learned 4th Additional District Judge, Bhagalpur on 13.07.2011 and the petitioners were aware of this fact that private respondents were also claiming their right and title in respect of the disputed plots but they did not take any step to get the private respondents impleaded as party to the Title Appeal No. 75/07 and now, the petitioners want to take advantage of judgment which has been passed in their favour and that is, too, in absence of the private respondents.
It is not in dispute that both parties are claiming their right and title over the disputed plots and for declaration of their respective title and interest in respect of disputed plots both parties have filed separate suits. Furthermore, it is an admitted position that both the above stated title suits were filed against the State of Bihar as the disputed plots have been recorded in the name of State of Bihar. No doubt, the petitioners have already got declaration of their right and title in respect of the disputed plots Patna High Court CWJC No.14252 of 2010 (5) dt.05-12-2014 4 from a court but admittedly, the order passed by the appellate court in Title Appeal No. 75/07 has been passed in absence of the private respondents.
Therefore, in my view, this petition can be disposed of setting aside the order dated 05.07.2010 passed by learned Sub- Judge-VIII, Bhagalpur in Title Suit No. 252/06 directing the learned court below to implead the petitioners as defendants to the above stated Title Suit No. 252/06 and furthermore, with this observation that the findings given by learned 4th Additional District Judge, Bhagalpur in Title Appeal No. 75/07 shall not affect right, title and interest of private respondents in Title Suit No. 252/06 in respect of disputed plots and the aforesaid findings of 4th Additional District Judge, Bhagalpur shall not cause any prejudice to the trial court while passing final judgment in Title Suit No. 252/06.
With the aforesaid observations, this writ petition stands disposed of.
(Hemant Kumar Srivastava, J) SHAHZAD/-
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