Patna High Court
Dayanand KumarversusThe State of Bihar through the Secretary Land and Reveneu Department,
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The court may modify its earlier order to correct inadvertent clerical errors in the petition.
Summary
Petitioner Dayanand Kumar filed a civil writ petition (CWJC No. 3496 of 2024) against the State of Bihar and related officials, which resulted in an order dated 20 June 2024. He later filed a miscellaneous jurisdiction case (MJC No. 1597 of 2025) seeking to correct clerical mistakes in the original petition, specifically the designation and location of Respondent No. 5 and an incorrect Khata number. The court examined the petitioner's request to amend these errors. It held that the order could be modified to reflect the correct designation – "Anchal Adhikari, Gopalpur, District Bhagalpur" – and to delete the erroneous Khata number. Consequently, the court allowed the petition and modified the earlier order accordingly.
Issues considered
- Whether a court may modify its earlier order to correct clerical mistakes in the parties' designations and other factual details in a writ petition.
Subjects
- civil writ jurisdiction
- modification of order
- clerical mistake
- miscellaneous jurisdiction case
- court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1597 of 2025
In
Civil Writ Jurisdiction Case No.3496 of 2024
======================================================
Dayanand Kumar S/o Late Krityanand Kumar, R/o Village Saidpur Dabra,
P.S- Gopalpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Land and Reveneu Department,
Govt. of Bihar, Patna.
2. The Secretary, Land and Revenue Department, Government of Bihar, Patna.
3. The District Magistrate, Bhagalpur, District- Bhagalpur.
4. The Deputy Collector Land Reforms, Naugachiya, District- Bhagalpur.
5. The Anchal Adhikari, Naugachiya, District- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harshvardhan, Advocate
For the Opposite Party/s : Mr. Government Pleader 26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 30-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“seeking modification of the order dated
20 June 2024 passed by Hon'ble Mr Justice Rajiv
Roy in CWJC No. 3496 of 2024 (Dayanand Kumar
vs The State of Bihar & Others). It is respectfully
submitted that due to mistake the petitioner
mentioned the designation and location as "The
Anchal Adhikari, Naugachiya, Bhagalpur" instead
of the correct designation and location which is
Patna High Court MJC No.1597 of 2025(4) dt.30-01-2026
2/2
"The Anchal Adhikari, Gopalpur, District
Bhagalpur" in paragraph 1 of the writ petition. It
is further submitted that due to a mistake on the
part of the petitioner, Khata No. 3613 was wrongly
mentioned in the petition. The petitioner therefore
prays that the said Khata No. 3613 may kindly be
permitted to be deleted from the writ petition and
the order dated 20.6.2024 be modified to that
extent.”
3. In view of the statement made in paragraph nos. 1
and 2 of the petition, the MJC No. 1597 of 2025 stands allowed.
4. The designation and location of the Circle Officer
(respondent no. 5) be read as Anchal Adhikari, Gopalpur,
Bhagalpur.
(Rajiv Roy, J)
Adnan/-
U
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