Patna High Court

Kanchan KumarversusThe State of Bihar, through Addl. Chief Secretary, Home Department

Decided: 10 April 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The judgment is modified to read respondent No.4 as the District Magistrate, Munger.

Summary

The petitioners, a group of individuals from Munger district, filed a writ petition against the State of Bihar and its officials. The earlier judgment dated 30‑07‑2025 in C.W.J.C. No.11551 of 2025 directed the petitioners to make representations before respondent No.4, the District Magistrate, Munger, within four weeks, and the respondent to decide within 60 days. However, due to an inadvertent mistake, the District Magistrate and Commandant of Home Guard of Bhagalpur were impleaded instead of those of Munger. The petitioners sought a modification to correct this error. The Court held that the judgment could be modified to read respondent No.4 as the District Magistrate, Munger, and disposed of the modification application.

Issues considered

Whether the judgment can be modified to correct the mis‑identification of the respondent.
Whether the District Magistrate, Munger should be substituted for the incorrectly impleaded District Magistrate, Bhagalpur.

Subjects

writ jurisdiction
modification of judgment
impleadment error
district magistrate
procedural correction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.3716 of 2025
                                         In
                   Civil Writ Jurisdiction Case No.11551 of 2025
     ======================================================
1.    Kanchan Kumar Son of Shiv Nandan Paswan, Resident of Village Janipur,
      P.S.- Naya Ram Nagar, Block Jamalpur, District Munger.
2.   Krishna Murari Kumar, son of Nityanand Poddar, Resident of Village
     Sundarpur, P.S.- Dharhara, Block-Dharhara, District -Munger.
3.   Pankaj Kumar, son of Bijay Kumar Yadav, Residenet of Village- Satya
     Khajuriya Dakra, P.S. Naya Ram Nagar, Block-Jamalpur, District - Munger.
4.   Pankaj Kumar, son of Ram Bahadur Yadav, Resident of village Farda Bank
     Tola, P.S.- Naya Ram Nagar, Block Jamalpur, District - Munger.
5.   Pawan Kumar, son of Hareram Yadav, Resident of village - Farda P.S.- Naya
     Ram Nagar, Block Jamalpur, District Munger.
6.   Sarvesh Kumar, son of Lal Bahadur Mandal, Resident of Village Bangali
     Tola, P.S.- Bariyarpur, Block Bariyarpur, District - Munger.
7.   Milan Kumar, son of Rajendra Pd. Yadav, Resident of village - Lakra Patal,
     P.S. and Block - Dharhara, District - Munger.
8.   Dharamraj Paswan, aged about 34 Years (Male), son of Krishndeo Paswan,
     Resident of Village Farda , P.S.- Naya Ram Nagar, Block Jamalpur, District -
     Munger.
9.   Abhinandan Kumar, Son of Sonelal Mandal, Resident of Village Purbari
     Tola @Farda P.S.- Naya Ram Nagar, Block -Jamalpur, District - Munger.
10. Dilip Kumar, son of Krishnadeo Prasad Yadav, Resident of Village - Heru
    Diyara, P.S. Kashhim Bazar, Block Sadar Munger, Disgrict - Munger,
11. Rajendra Kumar, son of Krishnadeo, Resident of Village - Heru Diyara, P.S.
    Kashhim Bazar, Block Sadar Munger, Disgrict - Munger.
12. Bambam Kumar, son of Mithilesh Kumar Yadav, Resident of Village
    Jafarnagar, P.s.- Muffasil, Block Sadar Munger, District - Munger.
13. Pandav Kumar Das, son of Ramotar Das, Resident of Village Jagdish, Mandi
    Tola (Mandal Tola), P.S. Mufassil, Block Sadar Munger, District- Munger.
14. Krishna Kumar Jha, son of Ravindra Jha, Resident of Faridapur, P.S.-
    Jamalpur, Block Jamalpur, District - Munger.
15. Deepak Kumar, Son of Binod Mandal @ Binod Kumar Mandal, Resident of
    Village Gulzar Pokhar, P.S.- Kotwali, Block Sadar Munger, District -
    Munger.
16. Lalan Kumar, Son of Jeetendra Prasad, Resident of village Heru Diyara,
    P.S.- Kashim Bazar, Block Muffasil Sadar Munger, District - Munger.
17. Navin Kumar, son of Arun Singh, Resident of village- Lagma, P.S. and
    Block- Asharganj, District- Munger.
18. Ram Vinay Kumar, Son of Arun Singh, Resident of Village - Lagma, P.S.
    and Block -Asharganj, District - Munger.
19. Kripal Shankar, son of Rajeshwari Singh, Resident of Village Galimpur
         Patna High Court MJC No.3716 of 2025(3) dt.10-04-2026
                                                     2/3




                 Lohchi, P.S. and Block - Kharagpur, District - Munger.
           20. Devki Prasad son of Indradev Prasad Singh, R/O Village - Champachak, P.S.
               and Block-Tetiya Bambar, District - Munger.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar, through Addl. Chief Secretary, Home Department
                 Government of Bihar, Main Secretariat, Patna.
           2.    The Home Secretary, Government of Bihar, Main Secretariat, Patna.
           3.    The Director General of Police, Home Guard, Main Secretariat, Patna.
           4.    The District Magistrate, Bhagalpur, District- Bhagalpur.
           5.    The Commandant, Home Guard Bhagalpur, District- Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Prem Chand Yadav, Advocate
                 For the State           :        Mr. Additional Advocate General 4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   10-04-2026                  Heard the learned counsel for the parties.

                                2. Learned counsel for the petitioners submits that

                   while disposing of C.W.J.C. No.11551 of 2025, by judgment

                   dated 30.07.2025, a direction was issued to the petitioners to

                   make their representation before the respondent no.4 raising all

                   grounds which they raised in the writ petition within four weeks

                   and in turn, the respondent no.4 was directed to consider and

                   decide the same taking into consideration the observation made

                   by the learned Co-ordinate Bench of this Court in C.W.J.C.

                   No.11645 of 2019 and decide the same, as early as possible

                   probably within 60 days from the submission of such

                   representation/application, however due to inadvertent mistake,
           Patna High Court MJC No.3716 of 2025(3) dt.10-04-2026
                                                       3/3




                     instead of the District Magistrate, Munger and the Commandant,

                     Home Guard, Munger, the District Magistrate, Bhagalpur and

                     the Commandant, Home Guard, Bhagalpur were impleaded as

                     respondents no.4 and 5 in the writ petition.

                                  3. Accordingly, the judgment dated 30.07.2025,

                     passed in C.W.J.C. No.11551 of 2025, is modified to the extent

                     that respondent no.4 be read as the District Magistrate, Munger.

                                  4. The present modification application is disposed of.


                                                 (Ritesh Kumar, J.)

Sanjay/-

U

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