IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15557 of 2017 ====================================================== Brijesh Sah Son of Sri Madan Sah, Resident of Village- Manjhariya Tola Parsauni, P.S.- Bhairoganj, District- West Champaran. ... ... Petitioner/s Versus 1. The State Of Bihar and Ors 2. The Sub-Divisional Officer, Bagaha, District- West Champaran at Bettiah. 3. The Deputy Collector, Land Reforms at Bagaha, District West Champaran. 4. The Circle Officer, circle, Bagaha-1, District- West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate For the Respondent/s : Mr. Rishi Raj Sinha-Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 06-05-2025 Heard Mr. Prithvi Nath Mishra, learned counsel for the petitioner and Mr. Rishi Raj Sinha, learned counsel for the State. 2. The present writ petition has been filed for seeking following relief(s): “For issuance of an appropriate direction/orders to the respondents for complaince of the order dated 11.01.2016 passed by the learned Deputy Collector, Land Reforms, Bagaha, West Champaran. In this case the Respondent Authorities settled the following land in question to the name of the father of the petitioner after follow the entire procedure :- Village Khata No. Khesra No.-Raka ba Patna High Court CWJC No.15557 of 2017(2) dt.06-05-2025 2/4 Manjhariya - 10 -2391/1 0-3.1/2 2393/2 0-1 Decimal Boundary:- North- Shankar Sah South- Bhuteli Sah and Kishore Sah East - Road. West -Satya Narain. At the time of settlement that land in question was Garmazarua the Thekedar and at the time of settlement the petitioner and the father of the petitioner was comming in the peaceful possession on that land, thereafter the some other co-villegers disturb the peace of the petitioner regarding the land in question and Encroach the land in question. Thereafter the petitioner filed the petition before the Learned D.C.L.R. Bagaha, West Champaran for remove the incroachment and after completing the proceeding the learned D.C.L.R. passed the order to the learned Circle Office, Bagaha 1, West Champaran for remove the Encroachment but till today the Circle officer no any action taken against the order of the learned D.C.L.R. As per above the facts and circumstances of the case your Lordships given the direction to the Respondents for comply the order dated 11.01.2016 passed by the learned D.C.L.R., Bagaha, West Patna High Court CWJC No.15557 of 2017(2) dt.06-05-2025 3/4 Champaran.” 3. The petitioner wants implementation of order passed by Deputy Collector, Land Reforms, Bagha, West Champaran (henceforth for short ‘the DCLR’) in land dispute Case No. 296/2014-15 (Brijesh Sah vs. Verma Sah and Ors.) 4. At the outset learned counsel representing the State submits that he wants an action against Verma Sah and Ors., but they have not been made party respondents in the plaint. 5. Despite, the writ petition was filed in the year 2017, for eight years, they have not filed any supplementary affidavit/interlocutory application for impleading them as respondents and in that background, the writ petition be dismissed for non-joinder of parties. 6. Having heard the parties, this Court is in complete conformity with the submissions put forth by the learned counsel for the State. The petitioner wants action against Verma Sah and Ors. as incorporated in the order of the learned DCLR. This he wants behind their back and as such deliberately they have not been made party respondents so that they can be noticed or heard before an appropriate order is passed. 7. This Court is supported by a judgment of Hon’ble Apex Court in Ramrao & Ors vs All India Backward Class Bank Employees Welfare Association & Ors. reported in Patna High Court CWJC No.15557 of 2017(2) dt.06-05-2025 4/4 (2004) 2 SCC 76 in which the Hon’ble Apex Court held that “when the persons promoted under the impugned promotion order were not made necessary parties, the grant of such relief against them without their impleadment in the writ petition, held impermissible”. Clearly as recoded above the petitioner wanted an adverse order against Verma Sah and Ors. without impleading them as party respondent in the present writ petition. 8. Having narrated the entire facts, the Court finds this writ petition fit to be dismissed for non-joinder of necessary parties. anand/- (Rajiv Roy, J) U