IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9596 of 2004
DR.NASIM AHMAD KHAN
Versus
THE STATE OF BIHAR & ORS
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6/ 07-04-2011 After hearing the matter for some time, it transpires
that I.A. No. 4242 of 2004 has been filed by three intervenors
under the provisions of Chapter XXI-C Rule 5 (proviso) of the
Patna High Court Rules for adding them as party respondents
and for permitting them to oppose the prayers made in the writ
petition. They claim to be beneficiaries of the properties under
Agthu Wakf Estate No. 1556 and, therefore, according to learned
counsel appearing on behalf of the intervenors, they are
necessary parties for effective decision of the present proceeding.
A rejoinder/ reply has been filed on behalf of the
petitioner opposing the prayer of intervenors for adding them as
party in the present proceeding.
Without passing final order on I.A. No. 4242 of 2004
for the present, this Court is of the considered opinion that
intervenors may be granted liberty to file a detailed counter
affidavit in the main writ petition bringing on record the relevant
documents with respect to property in question, which is subject
matter under consideration.
With consent of the parties, list this matter on 19th
April 2011 under the same heading retaining its position. In the
meantime, the intervenors may file their counter affidavit.
( Birendra Prasad Verma, J.)
BTiwary/