Patna High Court
Ashok Pandey vs The State Of Bihar Through The Addl. ... on 16 May, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1618 of 2025
In
Civil Writ Jurisdiction Case No.3147 of 2025
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Ashok Pandey S/o- Kashinath Pandey, Resident of Don Bosco Road, Devi
Nagar Hesag, PS-Hatia, District- Ranchi, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Secretary, Revenue and Land Reforms
Department, Bihar, Patna.
2. The Addl. Chief Secretary Revenue and Land Reforms Department, Bihar,
Patna.
3. The District Magistrate, District- Jamui.
4. The Deputy Development Commissioner, Jamui.
5. The District Programme Officer, MANREGA, District-Jamui.
6. The Circle Officer, Anchal- Sono, District- Jamui.
7. The Mukhiya Gram Panchayat Raj, Lakhankiari Dumari, Block- Sono,
District- Jamui.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Opposite Party/s : Mr. Rajesh Kumar, AC to GP3
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 16-05-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present application has been filed for modification in order dated 03.03.2025 in C.W.J.C. No.3147 of 2025.
3. Counsel submits that due to miscommunication of the pairwikar, wrong khata number has been mentioned in paragraphs 3 and 7 of the writ application i.e., Khata No.379 has Patna High Court MJC No.1618 of 2025 dt.16-05-2025 2/5 been mentioned in place of Khata No.369 of the land belonging to the petitioner. Due to this reason, wrong khata number has also been typed particularly, in third line of paragraph 3 (page 2/4) of the order sheet. As such, he seeks modification/correction in the said order and submits that Khata No.379 may be corrected as Khata No.369.
4. Counsel further submits that in paragraph 10 of the writ application, it was correctly mentioned as Khata No.369. He further submits that correct khata number of the land is 369 as all supportive documents of the petitioner's land which is annexed in writ application, indicates that the correct Khata number is 369. He further submits that it is a case where modification has to be made not in the order sheet only, rather in the writ application also, as in the writ application, wrong khata number has been entered, which resulted into entering of wrong khata number in the order sheet.
5. Counsel further submits that for the purpose of amendment/modification, the provision laid down under section 152 of the Code of Civil Procedure which states as follows:-
"Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own Patna High Court MJC No.1618 of 2025 dt.16-05-2025 3/5 motion or on the application of any of the parties.
6. Counsel further submits that Section 151 of the Code of Civil Procedure is the saving of inherent power of the court under which the court can pass such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
7. Counsel further submits that here in the present situation, where the court may pass order directing the petitioner to make correction in the pleading of the writ petition and also to make necessary modification of the khata number.
8. Counsel for the State on the other hand submits that from the record, mistake has been taken place from the petitioner's side as in paragraph 3 and 7 of the writ petition, wrong khata number 379 has been inserted, but in paragraph 10, it has been correctly mentioned, whereas in the order sheet, Khata No.379 has been typed. As such, the said correction may be permitted in the interest of justice.
9. After hearing the parties, it transpires to this Court that section 153 of the Code of Civil Procedure empowers general powers to the Court to amend any defect or error in any proceeding in a suit, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding. Patna High Court MJC No.1618 of 2025 dt.16-05-2025 4/5
10. As such, upon perusal of the documents and pleading, this Court is of the opinion that for the purpose of determining the real question in the writ proceeding, amendment is required in paragraph 3 and 7 of writ petition. The order which the petitioner wants to modify, can be modified only after such amendment in writ, and hence, powers so vested in this court by virtue of section 153 read with Section 151 of the Code of Civil Procedure, this Court hereby directs to the petitioner to make amendment in paragraph 3 and 7 of the writ petition in course of the day, as copy of writ petition is attached with present MJC, so that correction in paragraph 3 be made in page 2 /4 of the order dated 03.03.2025 in CWJC No.3147 of 2025 particularly, in third line of paragraph 3 (page 2/4 ) of the order sheet.
11. The said amendment has been made in para 3 & 7 of the writ petition, namely, CWJC No. 3147 of 2025 today itself.
12. In the light of the submissions made, the said correction has been directed to be made in the order dated 03.03.2025 passed in C.W.J.C. No.3147 of 2025. i.e., Khata No.379 be read as Khata No.369 in third line of paragraph 3 (page 2/4 ) of the order sheet, in the light of power so vested in Court by virtue of Patna High Court MJC No.1618 of 2025 dt.16-05-2025 5/5 Section 151 read with Section 153 of CPC, 1908.
13. Accordingly, the modification application is hereby allowed up to the extent.
14. However, this Court is conscious that all parties at the time of passing of the order dated 03.03.2025 passed in CWJC 3147 of 2025 are present today also and have raised no objection for the said correction / amendment and modification
15. It is made clear that the 90 days time which has been granted in order dated 03.03.2025 passed in CWJC No.3147 of 2025 shall be counted from today.
16. It is made clear that according to custom, the writ application has always been placed with the "MJC for modification", from which it arises.
(Dr. Anshuman, J.) Prakashmani/-
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