Patna High CourtMJC/3201/2024allowed

Nisha Kumari v. The State Of Bihar

2024-09-13Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3201 of 2024 In Civil Writ Jurisdiction Case No.11835 of 2013 ====================================================== Nisha Kumari, Wife of Sri Rajesh Kumar, resident of village - Sarsi Bazar, Panchayat - Majhua Premraj, P.S. - Sarsi, District - Purnea. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Department of Social Welfare, Government of Bihar, Patna.

3. The Director, Integrated Child Development Scheme, Indira Bhawan, East Boring Canal Road, Patna.

4. The Divisional Commissioner, Purnea Division, Purnea.

5. The District Magistrate, Purnea.

6. The District Program Officer, Purnea.

7. The Child Development Project Officer, Banmankhi, Purnea.

8. Shobha Kumari, wife of Sri Nawal Kishore Gupta, resident of village - Sarsi Bazar, Panchayat, Majhua Premraj, P.S.-Sarsi, District - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate.

For the Opposite Party/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-09-2024 Heard Mr. Amit Kumar Anand, learned counsel appearing on behalf of the petitioner and Mr. Gyan Prakash Ojha,learned GA-7 appearing on behalf of the State.

2. The petitioner has filed the present application seeking modification in the order dated 09.08.2024 passed in C.W.J.C. No.11835 of 2013, as well as, necessary correction in cause title of the main writ petition in respect of respondent no.7.

3. Learned counsel submits that he has detected that inadvertent mistake has been committed in the cause title of the

Patna High Court MJC No.3201 of 2024(2) dt.13-09-2024 2/3 main writ petition, in so far as address of respondent no.7 is concerned. In the column of respondent no.7 of the main writ petition, in place of 'Banmankhi', due to inadvertence it has been typed as 'Baisi' and due to the said inadvertent mistake, in the column of respondent no.7 in the cause title of the order dated 09.08.2024 passed in C.W.J.C. No. 11835 of 2013, it has been typed 'Baisi' in place of Banmankhi.

4. Considering the submission made on behalf of the petitioner and the reasons assigned in the modification application, I find it proper to allow the petitioner to make necessary correction in the cause title of the main writ petition in course of the day.

5. Accordingly, based on the said information I find it proper to modify the cause title of the order dated 09.08.2024 passed in C.W.J.C. No. 11835 of 2013, in so far as address of the respondent no.7 is concerned, in place of Baisi, the same is required to be deleted by substituting 'Banmankhi'.

6. Learned counsel appearing on behalf of the petitioner informs that due to aforesaid inadvertent mistake in respect of address of the respondent no.7, the petitioner could not avail the appropriate remedy within the time prescribed, the same is also required to be extended in the interest of justice.

Patna High Court MJC No.3201 of 2024(2) dt.13-09-2024 3/3

7. Considering the aforesaid submission, I find it proper to extend four weeks further time for availing appropriate remedy in accordance with law.

8. The Modification Application stands allowed to the aforesaid extent. The other parts of the order dated 09.08.2024 shall remain intact.

(Purnendu Singh, J) mantreshwar/- U T