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Patna High Court

Manoj KumarversusThe State of Bihar through Additional Chief Secretary

Decided
Disposal
DISPOSED

Holding

The Court held that the order may be modified to correct the clerical error, and therefore read the designation of Respondent No.5 as the Collector, Land Acquisition Officer, Jehanabad.

Summary

The petitioners, a group of individuals, filed a writ petition challenging actions of the State of Bihar and various authorities related to land acquisition for a national highway. The High Court disposed of the writ petition on 13 November 2025, but erroneously recorded the designation of Respondent No.5 as the Collector of Gaya instead of the Collector of Jehanabad. The petitioners subsequently filed a modification petition to correct this clerical mistake. The Court examined the submissions and determined that the error was purely typographical and did not affect the substantive relief granted. Accordingly, the Court modified the earlier order to read "Collector, Land Acquisition Officer, Jehanabad". The modification was conditioned upon the petitioners paying Rs. 500 to the Patna High Court Legal Services Committee.

Issues considered

  • Whether a High Court order can be modified to correct a clerical error in the designation of a respondent
  • Whether the condition of payment of Rs. 500 to the Legal Services Committee is appropriate in the context of a modification order

Subjects

  • writ petition
  • modification
  • clerical error
  • land acquisition
  • high court
  • legal services fee

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.4092 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.17116 of 2025
     ======================================================
1.    Manoj Kumar Son of Nityanand Prasad Singh, Permanent R/o Pondoi, Near
      Thakurbari, P.O.- Pandui, Jehanabad, Bihar- 804417 Presently Residing at-
      Adarsh Colony, Road No.2, Near Mahavir Complex, New Jaganpura, P.S.-
      Ramkrishna Nagar, District- Patna.
2.   Mukul Kumar @ Mukul Nityanand Prasad Kumar, Son of Nityanand Prasad
     Singh, Permanent R/o Pondoi, Near Thakurbari, P.O.- Pandui, Jehanabad,
     Bihar- 804417. Presently Residing at- Adarsh Colony, Road No.2, Near
     Mahavir Complex, New Jaganpura, P.S.- Ramkrishna Nagar, District- Patna.
3.   Saket Kumar, Son of Nityanand Prasad Singh, Permanent R/o Pondoi, Near
     Thakurbari, P.O.- Pandui, Jehanabad, Bihar- 804417. Presently Residing at-
     Adarsh Colony, Road No.2, Near Mahavir Complex, New Jaganpura, PS-
     Ramkrishna Nagar, District- Patna.
4.   Mukesh Kumar, Son of Nityanand Prasad Singh, R/o Pondoi, Near
     Thakurbari, P.O.- Pandui, Jehanabad, Bihar- 804417. Presently Residing at-
     Adarsh Colony, Road No.2, Near Mahavir Complex, New Jaganpura, P.S.-
     Ramkrishna Nagar, District- Patna.
5.   Anup Kumar, S/o Thaneshwar Prasad Singh, Permanent R/o Pondoi, Near
     Thakurbari, P.O.- Pandui, Jehanabad, Bihar- 804417. Presently Residing at-
     C/o Arvind Chandra Prasanna, Mulchand Path, New Chitragupt Nagar,
     Kankarbagh, P.S.- Kankarbagh, District- Patna.

                                                               ... ... Petitioner/s
                                  Versus
1.   The State of Bihar through Additional Chief Secretary Department of
     Revenue and Land Reforms.
2.   The Union of India, through the Secretary, Ministry of Road, Transport and
     Highways, Transport Bhawan, 1, Parliament Street, New Delhi- 110001.
3.   National Highway Authority of India, Through its Chairman, Headquarter,
     G-5 and 6, Sector- 10, Dwarka, New Delhi- 110075.
4.   The General Manager, National Highway Authority of India, Headquarter,
     G-5 and 6, Sector-10, Dwarka @ P.s. Dwarka Sector-9, District- South
     Delhi, New Delhi- 110075.
5.   The Collector cum Land Acquisition Officer, Gaya.
6.   The District Land Acquisition Officer, Jehanabad.
7.   The Circle Officer, Gaya, Jehanabad.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mrs.Shipra Sinha, Advocate
     For the Opposite Party/s :   Mr.Government Advocate -02
     For the NHAI             :   Mr. Saket Tiwary, Advocate
          Patna High Court MJC No.4092 of 2025(4) dt.06-02-2026
                                                      2/2




                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

4    06-02-2026                   In this case, an order has been passed on 13.11.2025,

                    disposing of the writ petition.

                                 2. Now,       the modification petition has been filed

                    stating that in the writ petition, it was wrongly recorded the

                    designation of the respondent no.05, the Collector, Jehanabad

                    as the Collector, Gaya and as such the same has been printed in

                    the order.

                                 3. Considering the submissions of the parties, the

                    order dated 13.11.2025 is modified to the extent that the

                    respondent no.05, the Collector, Land Acquisition Officer, Gaya

                    be read as the Collector, Land Acquisition Officer, Jehanabad.

                                 4. This is subject to payment of Rs. 500/- to the Patna

                    High Court Legal Services Committee.



                                                   (Rajiv Roy, J)
Ravi/-

U


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