Patna High CourtMJC/1520/2017allowed

Gita Devi v. The State Of Bihar And ORS

2017-07-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1520 of 2017 In Civil Writ Jurisdiction Case No. 12373 of 2014 ======================================================

1. Gita Devi Wife of Shri Upendra Rani, Resident of Village- Krishna Nagar, New Abhanda, P.S.- Lakhisarai, District- Darbhanga. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Darbhanga.

3. The Deputy Collector Land Reforms cum Collector under the Land Encroachment Act, Darbhanga Sadar.

4. The Sub Divisional Officer, Sadar, Darbhanga.

5. The Circle Officer, Darbhanga Sadar, Darbhanga.

6. The Officer in Charge, Lakhisarai P.S., Darbhanga.

7. Leela Devi, Wife of Ram Sharan Rai.

8. Yugeshwar Rai, Son of Ramdeo Ram.

9. Murari Ram, Son of Ramdeo Ram,

10. Prahlad Ram, Son of Late Dwarika Ramdehi, Respondent Nos. 6 - 8 are residents of Asfandiarpur, Near Kishan Nursery, P.S. Lahariasarai, District- Darbhanga.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Respondent/s : Mr. Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-07-2017 None appears for the petitioner.

The present application has been filed for modification of the order dated 04.04.2017, passed in CWJC No. 12373 of 2014, to the extent that husband's name of the petitioner be read as Parmeshwar Ram instead of Shri Upendra Rani. Secondly, the name of the P.S. of the petitioner and respondent no.6 be read as Laheria Sarai instead of Lakhisarai and lastly at

Patna High Court MJC No.1520 of 2017 (2) dt.19-07-2017 page 2 of the order, the Encroachment Case number be read as 240 of 2012 instead of 24 of 2012. Out of three modifications sought for, so far as, the husband's name of the petitioner and P.S. name of the petitioner and the respondent no.6 are concerned, the same were wrongly mentioned in the petition as a result the said mistake perpetuated in the order dated 04.04.2017. Hence, counsel for the petitioner is permitted to make necessary rectifications in the main petition, and shall also file a fresh vakalatnama with correct husband's name of the petitioner within a period of three weeks. On such filing, the order dated 04.04.2017 passed in CWJC No. 12373 of 2014 be modified to the extent that the husband's name of the petitioner be read as Parmeshwar Ram, the name of the P.S. of the petitioner and respondent no.6 be read as Laheria Sarai and at page no.2 of the order the Encroachment Case Number be read as 240 of 2012 instead of 24 of 2012.

This modification application is allowed subject to filing of fresh vakalatnama on behalf of the petitioner. Arvind/- (Dinesh Kumar Singh, J) U