Bombay High Court

JAYMILAKARJUN SHIVACHARYA GURUversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The Court held that the clerical error may be corrected as it does not prejudice substantive rights.

Summary

The appellants Umesh Potdar and Jaymillakarjun Guru sought correction of a clerical mistake in the order dated 02.02.2026 relating to land acquisition references. The original order mistakenly mentioned only "Land Acquisition Reference No.282 of 2004" and omitted reference No.172 and certain survey details. The appellants moved that the order be corrected to read "Land Acquisition Reference No.172 of 2004 and 282 of 2004" with the proper survey numbers. The High Court examined the request, held that the error was purely typographical and did not affect substantive rights, and therefore allowed the correction. The Court ordered that the corrected order be prepared, uploaded, and the motion disposed of.

Issues considered

Whether a clerical error in a judicial order can be corrected without a fresh hearing
Whether the correction of the land acquisition reference numbers affects the parties' substantive rights

Subjects

land acquisition
order correction
clerical error
civil procedure

Judgment

2026:BHC-AUG:9652
                This Order is Speaking to Minutes order of order dated //
                                                                                 fa-1186 and1185 of 2006
                                                             -1-



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                        FIRST APPEAL NO. 1186 OF 2006

                                          Umesh s/o Digembar Potdar
                                                     VERSUS
                                        The State of Maharashtra and Anr

                                                    WITH
                                        FIRST APPEAL NO. 1185 OF 2006

                                    Jaymillakarjun Shivacharya Guru,
                                                 VERSUS
                                    The State of Maharashtra and Anr
                                                   ...
                 Mr. V. V. Ingale, Advocate for Appellant
                                                   ...

                                            CORAM : SANJAY A. DESHMUKH, J.
                                            DATED : 11TH MARCH, 2026

                 ORDER:-

                 1.          Not on board. Upon mentioned, taken on board.

                 2.              This motion is made for speaking to minutes of the order
                 dated 02.02.2026.

                 3.              In third and fourth lines of clause-1 of the order “Land

                 Acquisition Reference No.282 of 2004, dated 26.08.2005 bearing

                 survey     No.82/1/2        admeasuring           6H   20   R     was   inadvertently

                 mentioned. It is to be corrected and read as:

                        “Land Acquisition Reference No.172 of 2004 and 282 of
                        2004 dated 26.08.2005. Appellants' lands bearing
                        survey No.82/1/2 admeasuring 6H 20R and survey
                        No.83 admeasuring 12H 22R”.
This Order is Speaking to Minutes order of order dated //
                                                                 fa-1186 and1185 of 2006
                                             -2-



 4.              Necessary replacement and corrections be carried out and

 corrected order be uploaded.

 5.              The motion is allowed in above terms and disposed off

 accordingly.


                                                            (SANJAY A. DESHMUKH, J.)

 HRJadhav

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