This order disposed of a modification petition seeking to correct a clerical error in a prior judgment regarding the land area. The court modified the earlier order to reflect the correct area.
Para 34 of the order dated 20.6.2001 in CWJC No. 2962 of 1983 modified to read land area as 18 Kathas 16 Dhurs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4856 of 2011
======================================================
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shashi Shekhar Dwivedi, Sr. Advocate Mr. Ranjan Kumar Duvey Mr. Rakesh Chandra Ms. Sangeeta Sharma Mr. Satyendra Shukla Mr. Parth Gaurav For the State : Mr. Bijoy Kumar Sinha, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA
and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)
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3 15-12-2015
Learned counsel for the petitioner points out that the modification petition has been filed by the present 10 petitioners as the original petitioner No. 1 to the writ petition, CWJC No. 2962/1983, namely, The Reserve Bank of India Employees Co-operative House Building Society Limited has since been superseded by the Registrar Co-operative Society and it was clearly averred in the original writ petition itself that the petitioner no. 1- Society had purchased 18 kathas 16 dhurs land of Tauzi No.126, Khata No. 274, plot no. 188 through 4 registered sale deeds in the year 1979 and the said land had been allotted to the members of the petitioner-society, the details regarding which were given in para-5 of the writ petition showing the ten members out of whom 9 are the present petitioners of the modification petition and the petitioner no. 5, Shri Ranjan Kumar is the son of one of the original members of the society who was allotted the land, namely, Muneshwar Prasad as stated in para-5 of the writ petition. It is thus, submitted that the petitioners in the said circumstances, are fully competent to maintain the present modification petition.
The present modification petition has been filed only for correction of an inadvertent error that has crept in the
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description of the area of land as mentioned in para-34 of the order dated 20.6.2001 passed by a Division Bench of this Court in a batch of writ petitions including CWJC No. 2962 of 1983. In the said para-34, the land has been described as Plot No. 188, Area 09 kathas 16 Dhurs, date of purchase 1979 with remarks - purchased by Society and subsequently allotted to the ten members.
It is stated by learned counsel for the petitioners that as per para-4 of the original writ petition the area as already stated above of the said land was 18 Kathas 16 Dhurs which area of land was specifically mentioned and admitted in para-13 of the counter affidavit filed on behalf of the respondent Nos. 1, 3, 4 and 5 sworn by the Surveyor-cumDraftsman in the Land Acquisition Office, Patna.
We had called for the original records but unfortunately the main writ petition is not to be found on the record; however, the counter affidavit filed on behalf of the respondent nos. 1, 3, 4 and 5 is available and the said admission with regard to the area of the land being 18 Kathas 16 Dhurs is to be found in para-13 of the said counter affidavit.
In the aforesaid view of the matter, para -34 of the order dated 20.6.2001 passed in CWJC No. 2962 of 1983
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and its analogous cases is modified to the extent that the area of Plot No. 188 as stated therein is to be read as “18 Kathas 16 Dhurs”.
Dhurs”.
The modification petition is, accordingly, disposed of with the aforesaid modifications in the order concerned.
(Ramesh Kumar Datta, J)
S.Pandey/-
(Sudhir Singh, J)
U
2 issues framed by the court
Whether the original petitioners are competent to file the present modification petition after the society was superseded.
Whether the land area description in a prior Division Bench order needs correction from 09 kathas 16 dhurs to 18 kathas 16 dhurs.
Colour shows how this judgement treated each authority
CWJC No. 2962 of 1983Referred¶27
Chhote Lal Mandal and 9 others
The State Of Bihar
Finance Service Co-Operative House Construction Society Ltd.
The Collector
The Land Acquisition Officer
Additional Collector
Ramesh Kumar Datta
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
