Patna High CourtMJC/727/2018allowed

Rajesh Kumar v. The State Of Bihar And ORS

2018-09-05Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.727 of 2018 In Civil Writ Jurisdiction Case No.22873 of 2011 ====================================================== Rajesh Kumar, S/o- Shyam Narayan Sharma, Resident of Village- Taregana Dih, P.O.- Masaurhi, P.S.- Masaurhi, District- Patna. ... ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.

2. The Principal Secretary, Department of Human Resource Development, Bihar, at Patna.

3. The Principal Secretary, Department of Personnel and Administration Reforms, Bihar, Patna.

4. The Director, Primary Education, Bihar at Patna. ... ... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Adv.

For the Respondent/s :

Mr. AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-09-2018 Heard Sri Jitendra Kumar, learned counsel for the petitioner and learned AC to Addl. Advocate General no.15. The present petition has been filed with a prayer to make correction in the order dated 26.09.2016 passed in C.W.J.C.No.22873 of 2011 to the extend of correcting address of the petitioner.

By filing supplementary affidavit, it has been indicated that in the main petition i.e. C.W.J.C.No.22873 of 2011, which stood disposed of on 26.09.2016 along with number of other writ petitions, address of the petitioner was incorrectly typed as " Rajesh Kumar, son of Shyam Narayan

Patna High Court MJC No.727 of 2018(5) dt.05-09-2018 2/2 Sharma, resident of village- Manichak, Police StationMasaurhi, District-Patna" instead of "Rajesh Kumar, S/o Shyam Narayan Sharma, Resident of Village-Taregna Dih, P.S. Masaurhi, District-Patna".

In view of the fact that due to such mistake in the writ petition, same error has occurred in the order dated 26.09.2016, which was bona fide. The modification petition is allowed. Accordingly, the order dated 26.09.2016 passed in C.W.J.C.No.22873 of 2011 is modified to the extent of earlier address of the petitioner and in the said order , address of the petitioner may be read as "Rajesh Kumar, S/o Shyam Narayan Sharma, Resident of Village-Taregna Dih, P.S. Masaurhi, District-Patna" in stead of " Rajesh Kumar, son of Shyam Narayan Sharma, resident of village- Manichak, Police Station-Masaurhi, District-Patna" .

(Rakesh Kumar, J.) nawalkrs/- U