Md. Imteyaz Alam @ Dhanu Miyan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.523 of 2015 ====================================================== Md. Imteyaz Alam @ Dhanu Miyan .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Respondent/s : Mr. S.K. Shraf, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-04-2015 Learned counsel for the parties are present.

This matter has been listed under the heading 'To be mentioned' at the instance of learned counsel for the petitioner who submits that there is a typographical error in the writ petition in connection with the number of the confiscation appeal filed by the petitioner which reads as 'Confiscation Appeal (Forest) No.29 of 2013' and as a consequence the order disposing the writ petition passed on 18.2.2015 at paragraph 1 at page 1 and the concluding paragraph at page 2 of the order contains the same error.

Learned counsel appearing for the petitioner submits that the error has occasioned due to inadvertence and oversight on the part of the petitioner since the number appearing in the memo of appeal present at Annexure-4 which bears the number as 'Confiscation Appeal (Forest) No.29 of 2013'. He submits that it is only after passing of the order by this Court that he

Patna High Court CWJC No.523 of 2015 (3) dt.07-04-2015 obtained the certified copy of the appeals pending before the District Magistrate, Gaya that it came to his knowledge that the Confiscation Appeal (Forest) No.29 of 2013 relates to one Brahamdeo Yadav and that the correct appeal number of the petitioner is 'Confiscation Appeal (Forest) No.09 of 2013'. A certified copy of the cause list of the court of District Magistrate -cum- Collector, Gaya has been produced by Mr. Ajay Kumar Sinha which clarifies the same. Let the copy of the cause-list dated 16.1.2015 be maintained on the records of the proceedings.

Learned counsel is permitted to correct the number of the appeal as occurring in the writ petition during the course of the day.

Accordingly the number of confiscation appeal as occurring at paragraph 1 at page 1 and the concluding paragraph at page 2 of the order dated 18.2.2015 stands modified to read as "Confiscation Appeal (Forest) No.09 of 2013' in place of 'Confiscation Appeal (Forest) No.29 of 2013' and shall be deemed to have been pronounced as such.

(Jyoti Saran, J) SKPathak/- U