Hari Darshan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.648 of 2019 In Civil Writ Jurisdiction Case No. 5386 of 2017 ====================================================== Hari Darshan Prasad S/o Late Ram Narayan Prasad Resident of Mohalla-West lane No.-1, Prithvipur, Chiraiyantarnd, P.S.-Jakkanpur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Main Secretariet, Patna 2.

The Divisional Commissioner, Darbhanga 3.

The District Magistrate-cum-Collector, Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. Parth Sarthi (GA4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-03-2019 The present application has been filed for modification of the order dated 31.01.2019 passed in C.W.J.C. No. 5386 of 2017 to the extent of making correction in one paragraph, in which because of the wrong statement made on behalf of the petitioner, the date of superannuation of the petitioner has wrongly been incorporated.

It appears from the perusal of the order, which is sought to be modified, that the aforesaid statement made on behalf of the petitioner was not relied upon or accepted for finally disposing off the representation.

Patna High Court MJC No.648 of 2019(2) dt.13-03-2019 2/2 Be that as it may, since a wrong statement with respect to the date of retirement of the petitioner has crept in the order which may have an effect on the future of the petitioner, this Court deems it appropriate to correct the aforesaid wrong entry in the order.

At page 3 of the order, it has been stated that the petitioner had already superannuated on 30th of June, 2018, whereas the fact remains that the petitioner would superannuate on 30th of June, 2019.

The mistake in stating the date of superannuation therefore appears to be only inadvertent.

The paragraph where the date of superannuation of the petitioner has wrongly been entered is directed to be deleted / expunged from the order.

The order stands modified accordingly.

The modification application is allowed.

(Ashutosh Kumar, J) skm/- U