Atc Telecom Infrastructure Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2656 of 2023 In Civil Writ Jurisdiction Case No.3300 of 2013 ====================================================== 1.

ATC Telecom Infrastructure Pvt. Ltd. a Company incorporated under the Companies Act, 1956 and having its Corporate Office at 403, 4th Floor, Skyline Icon Near Mittal Industrial Estate, Andheri Kurla Road, Andheri (E), Mumbai-400 059 and having an office also at Sunny Grand, Plot No. 855, Above Raymond Showroom, Near Jagdeo Path, Bailey Road, Patna, Bihar through its Authorized Signatory Manish Kumar aged about 45 years, Male, Son of Shri Shankar Prasad Singh, currently posted as Zonal Legal Lead, residing at 170 A, Anukampa Apartment, Abhay Khand-4, MIG Flats, Indirapuram, Shipra Sun City, Ghaziabad, Uttar Pradesh, 201014. 2.

Bharti Infraterl Ltd. a Company incorporated under the Companies Act, 1956 and having its registered office at Bharti Cresent, 1, Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi-70 and having An office also at Alankar Business Center Boring Canal Road, Patna, through its Constituted Attorney and Legal Head Pradeep Singh Faujdar, S/o Late Shri Khajan Singh, Resident of 32 Annexe, Jagat Amrawati Apartment, Bailey Road, Patna, Bihar.

... ... Petitioners.

Versus

1.

The State of Bihar through the Principal Secretary, Department of Urban Development And Housing, Government Of Bihar, Patna. 2.

Municipal Corporation, Katihar through its Town Executive Officer. 3.

Town Executive Officer, Municipal Corporation, Katihar, Bihar. 4.

Nagar Parishad, Kishanganj, through its Executive Officer, Nagar Parishad, Kishanganj.

5.

Executive Officer, Nagar Parishad, Kishanganj, Bihar 6.

Nagar Panchayat, Daudnagar, through its Executive Officer, Daud Nagar, Distt.- Aurangabad, Bihar.

7.

Executive Officer, Nagar Panchayat Daud Nagar, Distt.- Aurangabad, Bihar. 8.

Nagar Parishad, Sasaram through its Town Executive Officer, Sasaram, Bihar.

9.

Town Executive Officer, Nagar Parishad, Sasaram, Bihar. 10.

Municipal Corporation, Ara, through its Town Commissioner, Ara, DistrictBhojpur, Bihar. ... ... Opposite Parties.

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

For the Petitioners : Mr. Rajesh Ranjan, Advocate.

For the State : Mr. Vikash Kumar (SC-11).

For Kishanganj Nagar Parishad : Mr. Bindhyachal Rai, Advocate. For Sasaram Nagar Parishad : Mr. Bajrangi Lal, Advocate.

For Ara Municipal Corporation : Mr. Bishwa Bibhuti Kumar Singh, Advocate.

======================================================

Patna High Court MJC No.2656 of 2023 dt.29-04-2024 2/3 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 29-04-2024 The present M.J.C. Petition No.2656 of 2023 is arising out of the order dated 29.09.2020 passed in C.W.J.C. No.3300 of 2013.

2. Learned counsel for the petitioners submitted that modification of paragraph-13 and sub-clause (e) of paragraph18 of order dated 29.09.2020 passed in C.W.J.C. No.3300 of 2013 is required.

3. Question of modification of the aforementioned paragraphs are not warranted for the reasons that any modification of the orders of this Court is required to be taken note of only with respect to any typographical error is committed by this Court. In the absence of any such typographical error, question of entertaining modification is not permissible. What has been asserted is modification of paragraph-13 and sub clause (e) of paragraph-18 of the order dated 29.09.2020 passed in C.W.J.C. No.3300 of 2013.

4. The learned counsel for the petitioners has not pointed out what is typographical error has been committed by this Court so as to modify the aforementioned order.

Patna High Court MJC No.2656 of 2023 dt.29-04-2024 3/3

5. Accordingly, the present M.J.C. Petition stands dismissed.

6. Dismissal of the present M.J.C. Petition would not be a hurdle for the petitioners to invoke remedy under Civil Review and in accordance with law.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2024.

Transmission Date NA