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Patna High Court

Jeebachh MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the typographical error in paragraph 2(i) of the order dated 17‑05‑2023 is to be corrected, and the order is to be read as referring to Confiscation Case No. 02/2017.

Summary

Petitioner Jeebachh Mahto filed an application before the Patna High Court seeking modification of the order dated 17‑05‑2023 in Civil Writ Jurisdiction Case No. 5499 of 2023. The petitioner alleged that paragraph 2(i) of that order mistakenly referred to "Confiscation Case No. 01/2017" instead of the correct "Confiscation Case No. 02/2017" due to a typographical error. The State’s counsel did not contest the correction. The Court examined the petition and the record, found the mistake to be purely clerical, and allowed the modification. Consequently, the order was amended to read "Confiscation Case No. 02/2017" and the original order was modified accordingly.

Issues considered

  • Whether a typographical error in a judicial order can be corrected by a modification application
  • Whether the correction of the case number alters the substantive effect of the original order

Subjects

  • typographical error
  • modification of order
  • civil writ jurisdiction
  • high court
  • correction of mistake

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.2779 of 2025
                                                    In
                              Civil Writ Jurisdiction Case No.5499 of 2023
                 ======================================================
                 Jeebachh Mahto S/O-Late Thithar mahto R/V- Nagarbasti, P.S. Warish
                 Nagar(Mathurapur O.P), District-Samastipur

                                                                        ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Samastipur
           2.    The Collector Cum District magistrate, Samastipur,
           3.    The Block Supply Officer, Warishnagar, Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Ajay Kumar, Adv.
                 For the Opposite Party/s :   Mr. Arvind Ujjwal, SC-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   06-02-2026                  Application has been filed seeking modification of the

                   order dated 17.05.2023 passed in CWJC No. 5499 of 2023, to

                   the extent whereby in paragraph no. 2(i) of the aforenoted order,

                   the Confiscation Case No. 02/2017 has been inadvertently

                   mentioned as Confiscation Case No. 01/2017.

                                2. Learned Advocate for the petitioner submits that

                   the Confiscation Case No. 02/2017 was rightly mentioned in the

                   petition, however, on account of typographical mistake, such

                   error has occurred.

                                3. Learned Advocate for the State is present.

                                4. Having considered the submissions advanced by

                   learned Advocate for the petitioner and taking note of the
            Patna High Court MJC No.2779 of 2025(3) dt.06-02-2026
                                                        2/2




                      materials available on record, the present modification

                      application stands allowed.

                                   5. The Confiscation Case No. 01/2017, mentioned in

                      paragraph no. 2(i) of the order dated 17.05.2023 be read as

                      Confiscation Case No. 02/2017.

                                   6. The order dated 17.05.2023 stands modified to the

                      extent indicated, hereinabove.



                                                  (Harish Kumar, J)
shivank/-

U


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