Duleshwari v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 578 of 2021 • Duleshwari, W/o Late Balram Yadav, aged about 34 years, R/o. Village Devkatta, Tahsil Dongargarh, District Rajnandgaon (C.G.) ... Applicant versus 1.

State of Chhattisgarh, through the Secretary, Water Resource Department of Water Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2.

Executive Engineer, Water Resources Department, Dongargarh, District Rajnandgaon (C.G.) 3.

Sushila Bai, W/o Late Heeru Yadav, aged about 30 years, R/o. Village Bori, Tahsil Khairagarh, District Rajnandgaon (C.G.) ... Non-applicants For Applicant :

Mr. Pramod Ramteke, Advocate.

For Non-applicant/State :

Mr. Lalit Jangde, Dy. Govt. Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board [01/11/2021] 1.

The present MCC has been filed by Applicant seeking for modification of Order dated 15.1.2021 passed by this Court in W.P.(S) No.5244/2020.

2.

The modification sought for is to the extent of the particular/address of Non-applicant No.2/Respondent No.2 which has been wrongly mentioned in the said Order as "Chhuikhadan" instead of "Dongargarh". 3.

Learned Counsel for Applicant submits that the said mistake occurred on account of a clerical error in the course of drafting of the original Writ Petition and therefore he prays for appropriate modification in the Order as the challenge in the particulars of Non-applicant No.2/Respondent No.2 is not going to materially affect the Order passed by this Court in any manner. Learned Counsel for Applicant also makes an oral request for permission to carry out necessary amendment in this regard in the cause-title of the original Writ Petition also.

4.

The said modification/amendment sought for by learned Counsel for Applicant is not opposed by learned Dy. Govt. Advocate appearing for Non-applicants/Respondents, subject to due verification of facts. 5.

Accordingly, the Order dated 15.1.2021 passed in W.P.(S) No.5244/2020 stands modified to the extent that the particular/address of Non-applicant No.2/Respondent No.2 which has been mentioned in the Order as "Chhuikhadan" shall now be read as "Dongargarh". 6.

Learned Counsel for Applicant is also directed to ensure that the cause-title of the original Writ Petition i.e. W.P.(S) No.5244/2020 be also amended accordingly.

7.

Registry is directed to provide the Counsel for Applicant the disposed of Writ Petition i.e. W.P.(S) No.5244/2020 for necessary amendments.

8.

Applicant shall be provided with the Certified Copy of this Order only after the necessary amendment is made in the original Writ Petition. 9.

Let a copy of this Order be also made a part of the record of the original Writ Petition.

10.

MCC is allowed and disposed of accordingly.

Sd/- (P. Sam Koshy) Judge /sharad/