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Patna High Court

Vinit Kumar IshwarversusThe State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms

Decided
Disposal
DISPOSED

Holding

A clerical error in a court order may be corrected to reflect the true nature of the proceeding.

Summary

The petitioners, Vinit Kumar Ishwar and Manish Kumar Ishwar, filed a civil review challenging a previous order dated 18‑03‑2026. They pointed out a clerical mistake in the second line of paragraph 5 where “Cr. Misc. Application” was written instead of “Civil Review”. The petitioner sought correction of this error. The Court, after hearing counsel, held that the mistake was purely typographical and could be rectified without affecting the substantive relief. Accordingly, the order dated 18‑03‑2026 was modified to replace the erroneous term with “Civil Review”. The corrected order was declared part and parcel of the original order.

Issues considered

  • Whether a clerical error in the description of the proceeding in a court order can be corrected by the court?

Subjects

  • civil review
  • clerical error
  • order correction
  • procedural law
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CIVIL REVIEW No.288 of 2025
                                                      In
                               Civil Writ Jurisdiction Case No.17184 of 2024
                 ======================================================
           1.     Vinit Kumar Ishwar Son of Late Shiv Chandra Ishwar, Resident of Village
                  Sarairanjan @ Kabra, District- Samastipur.
           2.    Manish Kumar Ishwar, Son of Late Shiv Chandra Ishwar, Resident of
                 Village Sarairanjan @ Kabra, District- Samastipur.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate, Samastipur.
           4.    The District Land Acquisition Officer, Samastipur.
           5.    The Sub-Divisional Officer, Samastipur Sadar, District- Samastipur.
           6.    The Deputy Collector Land Reforms, Samastipur Sadar, District-
                 Samastipur.
           7.    The Circle Officer, Sarairanjan, District- Samastipur.
           8.    The Electrical Executive Engineer, Transmission Division, 132/33 K.V. Grid
                 Campus, Mohanpur, Samastipur.
           9.    Veena Ishwar @ Veena Jha, wife of Late Arunabh Ishwar, Resident of Flat
                 No. C/100, 1st Floor, Harmu Housing Colony, Ranchi, P.S. Argora, District
                 Ranchi (Jharkhand).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nikhil Kumar Agrawal, Advocate.
                                                Mr. Keshav Bhardwaj, Advocate.
                 For the Opposite Party/s :     Mr. Government Advocate-8.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   24-04-2026                   1. Heard learned counsel for the petitioner and learned

                   Government Advocate-8 for the State.

                                 2. Learned counsel for the petitioner submits that vide

                   order dated 18.03.2026 the present Civil Review Application
          Patna High Court C. REV. No.288 of 2025(6) dt.24-04-2026
                                                       2/2




                    was disposed of but due to inadvertence in the second line of

                    paragraph no.5 of the said order “Cr. Misc. Application” has

                    been mentioned instead of “Civil Review”, therefore, the same

                    may be corrected.

                                 3. In view of the submission made on behalf of

                    learned counsel for the petitioner, let the word in the second line

                    of paragraph no.5 is directed to be corrected as “Civil Review”

                    instead of “Cr. Misc. Application” in the order dated

                    18.03.2026.

                                 4. Accordingly, the order dated 18.03.2026 passed in

                    the present case, stands modified to the above extent.

                                 5. The order passed today shall be part and parcel of

                    the order dated 18.03.2026.



                                             (Sunil Dutta Mishra, J)
Ritik/-

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