The Patna High Court dismissed the petition seeking modification of a coordinate bench order due to a clerical error in the petitioner's cited plot number. No modification was warranted without correcting the underlying writ petition prayer.
Petition disposed with liberty to file review for rectification of the prayer in the underlying writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2505 of 2022
In
Civil Writ Jurisdiction Case No.23636 of 2018
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Uday Narayan Chaudhary Son of Ram Bali Chaudhary, Resident of Village and P.O.- Pohaddi, P.S.- Bahera, District – Darbhanga.
... ... Petitioner.
... ... Opposite Parties.
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Appearance : For the Petitioner : Mr. Md. Anis Akhtar, Advocate. For the State : Mr. Vikash Kumar (SC-11)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 28-03-2024
In the present petition, the petitioner has sought for
modification of the order dated 06.01.2020 passed in C.W.J.C.No.23636 of 2018.
Patna High Court MJC No.2505 of 2022 dt.28-03-2024 2/2
2. There is error committed by the petitioner in the writ petition itself while citing particular plot number. If it is so, there is no error committed by this Court so as to modify the relevant portion of the order, that too, in respect of extract of the prayer from the writ petition. Therefore, unless and until, prayer in C.W.J.C. No.23636 of 2018 is not modified, question of modifying the Coordinate Bench decision dated 06.01.2020 passed in C.W.J.C. No.23636 of 2018 is not warranted.
3. Therefore, the present petition stands disposed of reserving liberty to the petitioner to file Civil Review Petition insofar as rectification of his own prayer in C.W.J.C. No.23636 of 2018 and in accordance with law.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
P.S./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 29.03.2024. |
| Transmission Date | NA |
1 issue framed by the court
Whether the coordinate bench's decision should be modified given an error in the petitioner's cited plot number.
1 provisions across 1 enactments
Uday Narayan Chaudhary
The State of Bihar
Baidyanath Chaudhary
Ram Punit Chauudhary
Harish Chandra Chaudhary
Jogi Chaudhary
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
