Bhaskar Sundaray & Others vs State Of Odisha & Others

Ananda Chandra Behera, J

This I.A. has been filed by the Third-Party intervenors praying for their impleadment as Opp. Parties in WP(C) No.22768 of 2024 in order to allow them (Third-Party intervenors) to intervene in WP(C) No.22768 of 2024 and to get opportunity in filing their counter with opportunity of hearing of the Writ Petition No.22768 of 2024 on the ground that, WP(C) No.22768 of 2024 has been filed by some of the villagers of village Sagadabhanga under Jankia Police Station in the District of Khurdha praying for quashing the Letter No.18551 dated 01.08.2024 (Annexure-6) issued by the Government and Letter No.2887 dated 09.08.2024 (Annexure- 7) issued by the DEO-cum-DPC, Samagra Sikhsa, Khordha and to direct the Opp. Parties of the WP(C) No.22768 of 2024 to approve the decision/report of the Joint Committee relating to the change of the name of the amalgamated institution as Balunkeswar Dev Government High School, Sagababhanga from Balunkeswar Dev Government High School, Betarganj- Sagadabhanga and when the petitioners in WP(C) No.22768 of 2024 have prayed for naming Balunkeswar Dev Government High School in the name of their village Sagadabhanga changing the name of the village of Third-Party intervenors i.e. Betarganj, then, the Third-Party intervenors filed this I.A. praying for their impleadment as Opp. Parties in WP(C) No.22768 of 2024 in order to get opportunity of hearing in that WP(C) No.22768 of 2024 to have their say not to change the name of their village in respect of Balunkeswar Dev Government High School.

I have already heard from the learned counsels of both the side.

The provisions of law relating to the impleadment of the Third-Party intervenors into a proceeding as envisaged under Order 1, Rule 10 of the CPC, 1908 is to enable the Court to add any person as a party at any stage of the proceeding, if the presence of that person is necessary for an effective and complete adjudication of such proceeding and to decide all the questions involved in that proceeding in their presence, for no other reason, but only in order to avoid the multiplicity of proceedings between them (original petitioners & Third-Party intervenors).

Therefore, the Court has power to add any person as a party at any stage of the proceeding, if his/her presence before the Court is necessary in order to enable the Court to decide that proceeding effectively and completely in respect of all the questions involved in such proceeding.

Here in this matter at hand, when the petitioners in Writ Petition vide WP(C) No.22768 of 2024 have filed the same praying for changing village name of the Third-Party intervenors of Balunkeswar Dev Government High School to the name of the village of the petitioners in the WP(C) No.22768 of 2024 and when the petitioners are eagerly interested to have their say in the Writ Petition vide WP(C) No.22768 of 2024 on being impleaded as parties in the same not to change the name of their village in respect of Balunkeswar Dev Government High School and when natural justice demands the presence of the Third-Party intervenors in the Writ Petition No.22768 of 2024, for no other reason, but only in order to enable the Court to decide the Writ Petition effectively and completely and to settle all the questions involved therein between them (Petitioners & Third-Party intervenors) for no other reason, but only in order to avoid the multiplicity of litigations between them and when it is the duty of a good Judge to take its best endeavour to decide all the controversies between the parties in one proceeding providing them an opportunity of being heard, but not to allow them to grow a suit out of a suit, then, at this juncture, I find no justification to disallow the prayer of the Third-Party intervenors for their impleadment as Opp. Parties in the Writ Petition No.22768 of 2024 to have their say in the same filing their counter.

Therefore, this I.A. filed by the Third-Party intervenors is allowed.

The Third-Party intervenors be impleaded as Opp. Party Nos.5 to 9 in WP(C) No.22768 of 2024.

As such, this I.A. filed by the Third-Party intervenors is disposed of finally.