Disposed

Sabita Kumari Sharma v. The State of Bihar

Patna HC8 Feb 2023MJC/300/2022

Case brief

AI extract

What is this about?

This is an oral order modifying a previous order to correct typographical errors regarding land description. The court directed the District Magistrate to consider the petitioner's representation and pass a final order within three months, disposing of the application. No substantive precedent was cited or law defined.

What did the court decide?

Modification of paragraph 2 of the order dated 20.02.2019 to correct typos; direction to District Magistrate to pass a final order within three months.

Sabita Kumari Sharma Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.300 of 2022 In

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Civil Writ Jurisdiction Case No.2768 of 2019

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Sabita Kumari Sharma, Female, aged about 42 years, W/O Neeraj Sharma, R/O Mohalla-Maksuspur, Near Pani Tanki, District- Munger, parental residence-Village and P.O. - Muzaffarganj, P.S. - Haveli Kharagpur, DistrictMunger.

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... ... Petitioner

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Versus

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The State of Bihar, through Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

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District Magistrate, Munger, P.S. - Town, District- Munger.

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The Divisional Commissioner, Munger P.S. - Town, District- Munger.

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Cheif Engineer, Rural Works Department, Government of Bihar, P.S. - Sachivalay, District- Patna.

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The Executive Engineer, Works Department, Work Division-Kharagpur, Tarapur, Munger, P.S. - Town, District- Munger.

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Assistant Engineer, Rural Works Department, Munger, P.S. - Town, DistrictMunger.

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S.D.O. Kharagpur, Tarapur, P.S. - Tarapur, District- Munger.

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Circle Officer.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar, Advocate For the State : Mr. Ajay, G.A. 5. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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5 08-02-2023 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present application has been filed for certain modification of the order dated 20.02.2019, passed in C.W.J.C. No. 2768 of 2019, by which the writ petition of the petitioner was disposed of with a direction to the respondent no. 2, i.e., The District Magistrate, Munger, to consider the representation

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Patna High Court MJC No.300 of 2022(5) dt.08-02-2023 2/3

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of the petitioner and pass final order in accordance with law within a period of three months from the date of receipt/production of copy of the order dated 20.02.2019.

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Learned counsel for the petitioner submits that due to typographical mistakes in the description of land it has been mentioned in the writ petition as ‘ Mauza-Muzaffaranj’, ‘Khesra No. 671’, ‘Tauzi No. 4501’ and ‘Area-23.6 dismal’ in place of ‘Mauza-Muzaffarganj’, Khesra No. 617’, ‘Tauzi No. 4507, and ‘Area 23.5’ for which in paragraph no. 2 of the order dated 20.02.2019, passed in C.W.J.C. No. 2768 of 2019, it has wrongly been mentioned due to which misunderstanding was created in disposal of representation filed by the petitioner.

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Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, let paragraph no. 2 of the order dated 20.02.2019, passed in C.W.J.C. No. 2768 of 2019, be read and treated as ‘Mauza-Muzaffarganj’, ‘Khesra No. 617’, ‘Tauzi No. 4507’, ‘Area 23.5 dismal’ in place of ‘Mauza-Muzaffaranj’, ‘Khesra No. 671’, ‘Tauzi No. 4501’, and ‘Area 23.6 decimal’.

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Further the respondent no. 2 i.e., The District Magistrate, Munger, is directed to consider the representation of the petitioner and pass final order in accordance with law within

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Patna High Court MJC No.300 of 2022(5) dt.08-02-2023 3/3

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a period of three months from the date of receipt/production of a copy of the instant order.

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The order dated 20.02.2019, passed in C.W.J.C. No.

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2768 of 2019, is modified to the extent as indicated above.

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The present application is disposed of.

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(Sudhir Singh, J)

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U.K./- U T

Sabita Kumari Sharma v. The State of Bihar

Case brief

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Sabita Kumari Sharma v. The State of Bihar

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