Allowed

Jatindra Nath Sarma v. the State of Assam and 5 Ors.

Gauhati HC5 Apr 2018I.A.(Civil)/1069/2018

Case brief

AI extract

What is this about?

The Gauhati High Court granted an interlocutory application to correct a clerical error in the cause title of a writ petition (WP(C) No.256/2018), substituting the father's name from 'Late Hareswar Sarma' to 'Late Dhareswar Sarma' due to an inadvertent mistake.

What did the court decide?

Registry to substitute the name of the father as 'Late Dhareswar Sarma' in the cause title of WP(C) No.256/2018.

Jatindra Nath Sarma Vs the State of Assam and 5 Ors. — Writ and Judicial Review | Gauhati HC (2018)

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GAHC010060782018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 1069/2018

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1:JATINDRA NATH SARMA

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S/O- LT DHARESWAR SARMA, R/O- VILL- NANDAGAON, P.O. BHADRA, P.S. NALBARI, DIST- NALBARI, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY-6

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 DIST- KAMRUP(M) ASSAM

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NALBARI DIST- NALBARI ASSAM PIN-781335

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4:THE DEPUTY INSPECTOR OF SCHOOLS NALBARI DIST- NALBARI ASSAM PIN-781335

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5:THE BLOCK ELEMENTARY EDUCATION OFFICER NALBARI

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DIST- NALBARI ASSAM PIN-781335

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6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY-6 DIST- KAMRUP(M) ASSA

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Advocate for the Petitioner : MR. R SARMA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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05.04.2018

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Heard Mr. R. Sarma, learned counsel for the applicant/writ petitioner, Mr. K. Gogoi, learned Standing Counsel for the Elementary Education Department as well as Mr. S. Das, learned counsel appearing for the Director of Pension.

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Although the writ petition being WP(C) No.256/2018 was disposed of by the order dated 26.02.2018, but upon obtaining the certified copy of the same, it was noticed by the applicant/writ petitioner that the name of the father of the writ petitioner was wrongly depicted therein. Consequently, an Interlocutory Application was preferred for correcting the name of the father of the petitioner in the certified copy. But, as the same is not permissible inasmuch as, the name of the parties shown in the certified copy of the order is not a part of the judicial order earlier pronounced, therefore, it was required that the petitioner prefer an Interlocutory Application for correcting the cause title in the writ petition being WP(C) No.256/2018. In the premises, this Interlocutory Application has been preferred.

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It is stated that in the writ petition, the name of the father of the petitioner ought to

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have been depicted as “Late Dhareswar Sarma”, but inadvertently it was depicted as Late Hareswar Sarma.

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As the same was an inadvertent mistake and secondly does not have any bearing on the outcome of the order passed in the writ petition, the correction of the name of the father of the petitioner in the cause title of the writ petition is accordingly allowed.

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Registry shall make necessary correction in the cause title of the writ petition being WP(C) No.256/2018 and substitute the name of the father as “Late Dhareswar Sarma” and delete “Late Hareswar Sarma”, which was incorrectly depicted therein.

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In the event, any further certified copy is applied for by the petitioner, the same be provided to the petitioner after correcting the cause title of the writ petition being WP(C) No.256/2018.

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In terms of the above, the Interlocutory Application stands disposed of.

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JUDGE

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Comparing Assistant

Jatindra Nath Sarma v. the State of Assam and 5 Ors.

Case brief

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Jatindra Nath Sarma v. the State of Assam and 5 Ors.

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