Disposed

Kandarpa Kumar Sarma v. the Commissioner and Secretary to the Govt. of Assam and 6 Ors.

Gauhati HC5 Dec 2022I.A.(Civil)/3217/2022

Case brief

AI extract

What is this about?

Single judge order allowing an application to correct a typographical error in the name of the petitioner in the certified copy of a prior writ order. The court directed the registry to amend the court information system.

What did the court decide?

The certified copy of the order dated 26.09.2022 in W.P.[C] no. 2055/2020 is to be read as mentioning the petitioner's name as 'Shri Kandarpa Kumar Sarma'.

Kandarpa Kumar Sarma Vs the Commissioner and Secretary to the Govt. of Assam and 6 Ors. — Gauhati HC (2022) — LawSathi Research

¶1

Page No.# 1/5

¶2

GAHC010216752022

¶3

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

¶4

Case No. : I.A.(Civil)/3217/2022

¶5

KANDARPA KUMAR SARMA

¶6

S/O- LATE ASWINI KUMAR SARMA, R/O- SOUTH SARANIA, HOUSE NO. 19, P.O. ULUBARI, PIN- 781007, P.S. PANBAZAR, DIST. KAMRUP(M), ASSAM

¶7

VERSUS

¶8

THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AND 6 ORS.

¶9

AGRICULTURE DEPARTMENT, ASSAM, ASSAM SECRETARIAT, DISPUR-6.

¶10

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (EC-1) DEPARTMENT ASSAM SECRETARIAT DISPUR-6.

¶11

3:THE DIRECTOR AGRICULTURE DEPT. ASSAM KHANAPARA GUWAHATI-22.

¶12

4:THE CHIEF ENGINEER (AGRICULTURE)

¶13

DIRECTORATE OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-22.

¶14

5:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA

¶15

Page No.# 2/5

¶16

GUWAHATI-29.

¶17

6:THE TREASURY OFFICER

¶18

DISPUR TREASURY DISPUR GHY-6. 7:ABDUL KADIR MD. IQBAL EX-CADRE ASST. ENGINEER (AGRI) OFFICE OF THE DIRECTORATE OF AGRICULTURE ASSAM (ENGINEERING BRANCH) KHANAPARA GHY-22

¶19

Advocate for the Petitioner : MR. U C RABHA

¶20

Advocate for the Respondent : SC, FINANCE

¶21

Linked Case : WP(C)/2055/2020

¶22

KANARPA KUMAR SARMA S/O- ASWINI KUMAR SARMA R/O- SOUTH SARANIA HOUSE NO. 19 P.O. ULUBARI PIN- 781007 P.S. PALTANBAZAR DIST- KAMRUP(M) ASSAM.

¶23

VERSUS

¶24

THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AND 6 ORS. AGRICULTURE DEPTT. ASSAM GHY-6.

¶25

2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE (EC-1) DEPTT.

¶26

Page No.# 3/5

¶27

ASSAM SECRETARIAT DISPUR GHY.-6. 3:THE DIRECTOR AGRICULTURE DEPTT. ASSAM KHANAPARA GHY.- 22. 4:THE CHIEF ENGINEER (AGRICULTURE) DIRECTORATE AGRICULTURE ASSAM. 5:THE ACCOUNTANT-GENERAL ASSAM BELTOLA GUWAHATI- 29. 6:THE TREASURY OFFICER DISPUR TREASURY DISPUR GHY.- 29. 7:ABDUL KADIR MD. IKBAL EX-CADRE ASSTT. ENGINEER (AGRI) O/O. THE DIRECTORATE OF AGRICULTURE ASSAM (ENGINEERING BRANCH) KHANAPARA GUWAHATI-22. -----------Advocate for : MR. U C RABHA Advocate for : SC AGRI. DEPARTMENT appearing for THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AND 6 ORS.

¶28

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶29

ORDER

¶30

Date : 05-12-2022

¶31

Heard Mr. S. Khound, learned counsel for the applicant-writ petitioner and Ms. G. Borah, learned Standing Counsel, Agriculture Department for the opposite parties.

¶32

The applicant as the writ petitioner instituted the writ petition, W.P.[C]

¶33

Page No.# 4/5

¶34

no. 2055/2020 [Shri Kandarpa Kumar Sarma vs. The Commissioner and Secretary to the Government of Assam, Agriculture Department and others] seeking certain reliefs. The said writ petition came to be disposed of by an order dated 26.09.2022.

¶35

The instant interlocutory application has been preferred by the applicant stating that when he obtained the certified copy [Annexure-1] of the order dated 26.09.2022 passed in the writ petition, W.P.[C] no. 2055/2020, his name as the writ petitioner is shown as ‘Kanarpa Kumar Sarma’ instead of ‘Shri Kandarpa Kumar Sarma’. It is averred that in the cause-title of the writ petition, the name of the applicant-writ petition was correctly stated as ‘Shri Kandarpa Kumar Sarma’. As the error appearing in the certified copy [Annexure-1] appears to be an inadvertent typographical error, the instant interlocutory application has been preferred seeking necessary correction of the typographical error whereby the name of the applicant-writ petition has been typed as ‘Kanarpa Kumar Sarma’ instead of ‘Shri Kandarpa Kumar Sarma’.

¶36

I have perused the case record of the writ petition, W.P.[C] no. 2055/2020. It is noticed that in the cause-title of the writ petition, the name of the petitioner is mentioned as ‘Shri Kandarpa Kumar Sarma’. Thus, it appears that the name of the petitioner in the certified copy is inadvertently mentioned as ‘Kanarpa Kumar Sarma’ instead of ‘Shri Kandarpa Kumar Sarma’ and the same appears to be only an inadvertent typographical error. In such view of the matter, this interlocutory application stands disposed of with the observation that the name of the petitioner appearing in the certified copy of the order dated 26.09.2022 passed in W.P.[C] no. 2055/2020 shall be read as ‘Shri Kandarpa Kumar Sarma’ for all intents and purposes. It is further observed that this order should be treated as part and parcel of the order 26.09.2022 passed

¶37

Page No.# 5/5

¶38

in W.P.[C] no. 2055/2020 for all intents and purposes.

¶39

Registry is also directed to make necessary correction in the CIS.

¶40

The applicant-writ petitioners is also at liberty to obtain a certified copy of the order dated 26.09.2022 passed in W.P.[C] no. 2055/2020 afresh, if he wishes so, after necessary correction is made in the CIS by the Registry.

¶41

JUDGE

¶42

Comparing Assistant

Kandarpa Kumar Sarma v. the Commissioner and Secretary to the Govt. of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Kandarpa Kumar Sarma v. the Commissioner and Secretary to the Govt. of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Joy Bijoy Kutum @ Iteswar Vs the State of Assam

Abdus Selim @ Selim Uddin and Anr. Vs the State of Assam

Rita Rabi Das Vs the State of Assam

Budhi Sambyo Vs the State of Assam

Ali Akabbar Khan Vs the State of Assam

Juwel Baruah Vs the State of Assam