Patna High Court
Md. Gayasuddin vs The State Of Bihar on 7 January, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.244 of 2021
======================================================
1. Md. Gayasuddin son of Late Md. Mumtaz resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
2. Md. Ashfaque alias Ashfaque Alam son of Md. Bhola alias Haseeb resident
of Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
3. Abdul Khalique alias Md. Khalique son of resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
4. Rashid son of Late Md. Mumtaz resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
5. Md. Mohiuddin alias Mohiuddin son of Late Sadakat resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
6. Md. Ekhlaque alias Ekhlaque Ahmad son of Late Md. Bhola alias Haseeb
resident of Village Khashia Basti, Mauza Basantpur, Police Station Araria,
District Araria.
7.1. Rizwana Perween Widow of late Afroz Alam, Resident of Village- Khashia
Basti, Muaza- Basantpur, P.S. Araria, District-Araria.
7.2. Md. Asad Reza, Son of late Afroz Alam, Resident of Village- Khashia Basti,
Muaza- Basantpur, P.S. Araria, District-Araria.
7.3. Anas Reza Son of late Afroz Alam, Resident of Village- Khashia Basti,
Muaza- Basantpur, P.S. Araria, District-Araria.
7.4. Hiba Perween, D/o of late Afroz Alam, Resident of Village- Khashia Basti,
Muaza- Basantpur, P.S. Araria, District-Araria.
7.5. Zeba Perween, D/o of late Afroz Alam, Resident of Village- Khashia Basti,
Muaza- Basantpur, P.S. Araria, District-Araria.
7.6. Ayan Raza, Son of late Afroz Alam, Resident of Village- Khashia Basti,
Muaza- Basantpur, P.S. Araria, District-Araria.
8. Tanweer Alam son of Late Sabibur Rahman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
9. Nigar Alam alias Md. Nigar Alam son of Late Sabibur Rahman resident of
Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
10. Imteyaz Alam son of Late Sabibur Rahman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
11. Wasiqur Rahman son of Tajuddin alias Doman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
12.1. Md. Wasim Reza, Son of late Wasibur Rahman, Resident of Village-
Kharhaiya Basti, ward no. 11, P.O. and P.S. and District- Araria.
12.2. Arif Reza, son of late Wasibur Rahman, Resident of Village- Kharhaiya
Basti, ward no. 11, P.O. and P.S. and District- Araria.
12.3. Nagma Naaz, Wife of Md. Anwarul Islam, Resident of Village- Kharhaiya
Basti, ward no. 11, P.O. and P.S. and District- Araria.
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12.4. Hena Naza Wife of Qamar Rizwan, Resident of Village-Chainpur, P.S.
Mahalgaon (Jokihat), District-Araria.
12.5. Nageena Naaz, Wife of Tabrej Alam, Resident of Village- Machchela
Kelabari, P.S. Mahalgaon (Jokihat), District-Araria.
12.6. Shama Naaz, Wife of Ashabuddin, Resident of Village- Ajhwa,
Singaarmohri, P.S. Jokihat, District-Araria.
13. Md. Aslam alias Aslam son of Late Md. Tauheed Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
14. Md. Azam alias Azam son of Late Md. Tauheed Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
15. Md. Mokarram Alias Mokarra son of Late Md. Tauheed Alam resident of
Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
16. Tarique Anwar son of Late Md. Tauheed Alam resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
17. Md. Quasim son of Tahir resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
18. Md. Manzar alias Manzar son of Late Md. Yaqoob resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
19. Md. Rabban Alam alias Md. Rabban son of Late Md. Yaqoob resident of
Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
20. Md. Rumman Alam alias Md. Rumman son of Late Md. Yaqoob, resident of
Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
21. Naiyer Alam alias Naiyer Alam son of Late Md. Yaqoob resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
22. Md. Mojahid Alam son of Late Md. Aiyub resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
23. Md. Jawed Alam son of Late Md. Aiyub resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
24. Md. Saifur Rab alias Saifur Rab son of Md. Khalilur Rahman resident of
Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
25. Abdur Rab son of Md. Khalilur Rahman resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
26. Jannishar Akhtar son of Late Md. Shabbir Alam resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
27. Md. Shahid Anwar alias Shahid Anwar son of Late Wahidul Qamar resident
of Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
28. Md. Jamal Nasir alias Jamal son of Late Wahidul Qamar resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
29. Md. Salik alias Salik son of Late Wahidul Qamar resident of Village
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Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
30. Md. Tufail alias Tufail son of Late Wahidul Qamar resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
31. Md. Mukhtar alias Mukhtar son of Late Abdul Ghafoor resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
32. Chintu alias Md. Modasir Alam son of Md. Shabbir Alam resident of
Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
33. Dilnawaz Shabbir alias Md. Arbaz Alam son of Md. Shabiir Alam resident
of Village Khashia Basti, Mauza Basantpur, Police Station Araria, District
Araria.
34. Fatima Begum alias Bibi Fatima daughter of Late Matiur Rahman son of
Late Ziafat Hussain resident of Village Khashia Basti, Mauza Basantpur,
Police Station Araria, District Araria.
35. Nargir Begum alias Bibi Nargis daughter of Late Matiur Rahman son of
Late Ziafat Hussain resident of Village Khashia Basti, Mauza Basantpur,
Police Station Araria, District Araria.
36. Md. Minhaj alias Mehar son of Late Md. Yaqoob resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
37. Md. Amber Alam son of Late Md. Shabbir Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
... ... Petitioners
Versus
1. The State of Bihar through the Collector, Araria.
2. The Deputy Collector Land Reforms, Araria.
3. Sarwar Alam son of Late Shafique Ahmad resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
4. Shagufta Perween daughter of Late Md. Tauhid Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
5. Saista Perween daughter of Late Md. Tauhid Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
6. Sumaiya Perween daughter of Late Md. Tauhid Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
7. Ummati Khatoon daughter of Late Md. Tauhid Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
8. Md. Pappu Alam son of Late Shams Ara Khatoon resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
9. Md. Lal Alam son of Late Shams Ara Khatoon resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
10. Bibi Bechni daughter of Late Shams Ara Khatoon resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
11. Md. Khurshid Alam son of Late Md. Aiyub resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
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12. Most. Bibi Mustari daughter of Late Md. Aiyub resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
13. Bibi Morshida Khatoon daughter of Late Md. Aiyub resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
14. Bibi Rajda Khatoon daughter of Late Md. Aiyub, resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
15. Bibi Sajada Khatoon daughter of Late Md. Aiyub resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
16. Bibi Nahida Khatoon daughter of Late Md. Aiyub resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
17. Bibi Nilofar Khatoon daughter of Late Md. Aiyub resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
18. Bibi Wazada Khatoon daughter of Late Md. Aiyub, resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
19. Bibi Sanjeda Khatoon daughter of Late Md. Aiyub resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
20. Bibi Nazmin Begum daughter of Late Yakoob resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
21. Bibi Mehzabi Begum daughter of Late Yakoob resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
22. Bibi Mesuda Khatoon alias Bibi Sauda Khatoon daughter of Late Yakoob
resident of Village Khashia Basti, Mauza Basantpur, Police Station Araria,
District Araria.
23. Bibi Rashida daughter of Late Yakoob resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
24. Bibi Musarrat Jahan daughter of Late Yakoob resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
25. Md. Mansoor Alam son of Late Bibi Badura resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
26. Md. Ghayas son of Late Bibi Badura resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
27. Md. Zahoor son of Late Bibi Badura resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
28. Abdul Kalam son of Late Bibi Badura resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
29. Bibi Rabia Khatoon daughter of Late Bibi Badura resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
30. Bibi Rehana daughter of Late Bibi Badura resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
31. Md. Ashab son of Late Bibi Shakila resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
32. Md. Shabaj Alam son of Late Md. Shabbir Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
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33. Bibi Ruhea Yas daughter of Late Md. Shabbir Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
34. Bibi Naila Yas daughter of Late Md. Shabbir Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
35. Md. Modasir Alam son of Late Md. Shabbir Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
36. Md. Abrar Alam son of Late Md. Shabbir Alam resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
37. Md. Shahil son of Late Md. Shabbir Alam resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
38. Md. Arbaj Alam son of Late Md. Shabbir Alam resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
39. Bibi Salma daughter of Late Md. Shabbir Alam resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
40. Bibi Soib Khatoon daughter of Late Md. Shabbir Alam resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
41. Md. Jumna son of Late Roshan Ara resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
42. Md. Tanweer son of Late Roshan Ara resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
43. Md. Moil son of Late Roshan Ara resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
44. Jahan Ara daughter of Late Gafoor Ahmed resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
45. Alam Ara daughter of Late Gafoor Ahmed resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
46. Kari daughter of Late Gafoor Ahmed resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
47. Halima daughter of Late Gafoor Ahmed resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
48. Rumana daughter of Late Gafoor Ahmed resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
49. Ifratun Nishan daughter of Late Khalilur Rahman resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
50. Yasmin daughter of Late Khalilur Rahman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
51. Sahin daughter of Late Khalilur Rahman resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
52. Parwin daughter of Late Khalilur Rahman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
53. Jasmin daughter of Late Khalilur Rahman resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
54. Noshin daughter of Late Khalilur Rahman resident of Village Khashia
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Basti, Mauza Basantpur, Police Station Araria, District Araria.
55. Most. Mustari Begum wife of Wahidur Kamar resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
56. Bibi Khurshida daughter of Wahidur Kamar resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
57. Bibi Wahida daughter of Wahidur Kamar resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
58. Bibi Sayeeda daughter of Wahidur Kamar resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
59. Bibi Chamki daughter of Wahidur Kamar resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
60. Md. Manzoor son of Late Sk. Helaluddin resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
61. Md. Mahmood son of Late Sk. Helaluddin resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
62. Bibi Saheeda daughter of Late Sk. Helaluddin resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
63. Md. Mansoor son of Late Sk. Helaluddin resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
64. Bibi Sayeeda daughter of Late Sk. Helaluddin resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
65. Most. Mustari daughter of Late Sk. Helaluddin resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
66. Bibi Wazeda daughter of Late Sk. Helaluddin resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
67. Md. Nawed Alam son of Late Md. Masood resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
68. Md. Nihad son of Late Md. Masood resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
69. Massmi daughter of Late Md. Masood resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
70. Most. Rumi Jahan daughter of Late Md. Masood Resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
71. Afarue son of Late Bibi Johra resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
72. Zubair son of Late Bibi Johra resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
73. Nasim son of Late Bibi Johra resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
74. Sohel son of Late Bibi Johra resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
75. Nazir son of Late Bibi Johra resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
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76. Md. Firoz son of Late Bibi Kamina resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
77. Md. Parwez son of Late Bibi Kamina resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
78.1. Bilkis, Wife of late Md. Israrul@ Israel, Resident of Village- Khashia Basti,
Mauza- Basantpur, P.S. Araria, District-Araria.
78.2. Md. Azhar, Son of Israrul@ Israel, Resident of Village- Khashia Basti,
Mauza- Basantpur, P.S. Araria, District-Araria.
78.3. Md. Ejaz, Son of late Israrul@ Israel Resident of Village- Khashia Basti,
Mauza- Basantpur, P.S. Araria, District-Araria.
78.4. Hasan Raza, Son of late Israrul @ Israel, Resident of Village- Khashia
Basti, Mauza- Basantpur, P.S. Araria, District-Araria.
78.5. Nawab Zakaria, Son of Israrul@ Israel, Resident of Village- Khashia Basti,
Mauza- Basantpur, P.S. Araria, District-Araria.
78.6. Rabia Basri, D/o of late Md. Israrul@ Israel, Resident of Village- Khashia
Basti, Mauza- Basantpur, P.S. Araria, District-Araria.
78.7. Ghufrana D/o of late Md. Israrul@ Israel, Resident of Village- Khashia
Basti, Mauza- Basantpur, P.S. Araria, District-Araria.
78.8. Afsana D/o of Late Md. Israrul@ Israel, Resident of Village- Khashia Basti,
Mauza- Basantpur, P.S. Araria, District-Araria.
78.9. Ashia, D/o of late Md. Israrul @ Isael, Resident of Village- Khashia Basti,
Mauza- Basantpur, P.S. Araria, District-Araria.
79. Bibi Sogra daughter of Late Bibi Kamina resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
80. Bibi Ashghari daughter of Late Bibi Kamina resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
81. Bibi Akhtari daughter of Late Bibi Kamina resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
82. Md. Azhar son of Bibi Khadija resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
83. Md. Athar son of Bibi Khadija resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
84. Bibi Shahbaz daughter of Bibi Khadija resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
85. Md. Khalid son of Late Bibi Sogra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
86. Md. Farooque son of Late Bibi Sogra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
87. Bibi Rehana daughter of Late Bibi Sogra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
88. Bibi Nazma daughter of Late Bibi Sogra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
89. Bibi Rubana daughter of Late Bibi Sogra resident of Village Khashia Basti,
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Mauza Basantpur, Police Station Araria, District Araria.
90. Bibi Shahnaz daughter of Late Bibi Sogra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
91. Bibi Shabana daughter of Late Bibi Sogra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
92. Md. Shamim son of Late Bibi Sambola resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
93. Md. Shakir son of Late Bibi Sambola resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
94. Bibi Sayeeda daughter of Late Bibi Sambola resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
95. Bibi Sabara daughter of Late Zeafat resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
96. Bibi Abdi daughter of Late Zeafat resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
97. Arshad son of Late Md. Momtaz resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
98. Bibi Shaheda daughter of Late Md. Momtaz resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
99. Bibi Naheda daughter of Late Md. Momtaz resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
100. Bibi Khalida daughter of Late Md. Momtaz resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
101. Badiuzzma son of Late Sadakat resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
102. Kalam son of Late Sadakat resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
103. Khalid son of Late Sadakat resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
104. Banoo daughter of Late Sadakat resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
105. Abdur Raquib son of Late Bibi Sabila resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
106. Bibi Kubra daughter of Late Bibi Sabila resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
107. Md. Ehtasham son of Late Bibi Anjuman resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
108. Bibi Zugni daughter of Late Bibi Anjuman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
109. Md. Anwar son of Late Bibi Anjuman resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
110. Most. Manon wife of Tajuddin alias Doman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
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111. Sahnaz Ara daughter of Tajuddin alias Doman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
112. Sahnaz daughter of Tajuddin alias Doman resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
113. Bibi Anwari daughter of Tajuddin alias Doman resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
114. Md. Parwez son of Late Zainuddin resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
115. Md. Tabrez son of Late Zinuddin resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
116. Bibi Noorsaba daughter of Late Zainuddin resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
117. Md. Shahjahan son of Late Rashid resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
118. Md. Shahnawaj son of Late Rashid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
119. Bibi Shabana daughter of Late Rashid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
120. Md. Kishwar daughter of Late Rashid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
121. Bibi Ruhi daughter of Late Rashid resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
122. Bibi Sado Rashida daughter of Late Rashid resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
123. Tais Alam son of Late Abdul Majid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
124. Md. Masoom son of Late Abdul Majid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
125. Hebzur Rahman son of Late Md. Firoz resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
126. Md. Abid son of Late Abdur Majid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
127. Bibi Tohfa daughter of Late Abdur Majid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
128. Bibi Hasmat daughter of Late Abdur Majid resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
129. Darf son of Late Abdur Majid resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
130. Murshid son of Late Shamshul Alam resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
131. Kasif son of Late Shamshul Alam resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
132. Tausif son of Late Shamshul Alam resident of Village Khashia Basti, Mauza
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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Basantpur, Police Station Araria, District Araria.
133. Bibi Tabassum daughter of Late Shamshul Alam, resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
134. Mahboob Alam son of Late Abdur Majid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
135. Md. Naushad son of Late Noorjahan resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
136. Md. Shahzad son of Late Noorjahan resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
137. Bibi Zinat daughter of Late Noorjahan resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
138. Bibi Sarwari Khatoon daughter of Late Noorjahan resident of Village
Khashia Basti, Mauza Basantpur, Police Station Araria, District Araria.
139. Bibi Kausar daughter of Late Abdur Majid resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
140. Israil son of Late Abdur Majid resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
141. Anwar son of Late Abdur Majid resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
142. Akber son of Late Abdur Majid resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
143. Most. Bibi Ibrat Begum daughter of Late Ashik resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
144. Md. Ashraf son of Late Ashik resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
145. Md. Arshad son of Late Ashik resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
146. Bibi Salma daughter of Late Ashik resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
147. Bibi Sadira daughter of Late Ashik resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
148. Nazra daughter of Late Abdur Majid resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
149. Md. Manzer son of Late Mohid Alam resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
150. Md. Quaiser son of Late Mohid Alam resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
151. Md. Ashad son of Late Mohid Alam resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
152. Md. Chunna son of Late Hafiz Nawab resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
153. Md. Munna son of Late Hafiz Nawab resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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154. Md. Ishrat daughter of Late Hafiz Nawab resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
155. Md. Helal son of Late Sk Idris resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
156. Md. Mustaque son of Late Sk Idris resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
157. Md. Imran son of Late Sk Idris resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
158. Ahmadi widow of Late Siddique resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
159. Bibi Kalila daughter of Late Siddique resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
160. Bibi Noorsadi daughter of Late Bibi Hazra resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
161. Md. Ahmed son of Late Bibi Hazra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
162. Bibi Azima daughter of Late Bibi Hazra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
163. Md. Ishafue son of Late Bibi Hazra resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
164. Md. Ashab son of Late Bibi Hazra resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
165. Bibi Rahima daughter of Late Bibi Amna resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
166. Bibi Jamila daughter of Late Bibi Amna resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
167. Bibi Mustaquima daughter of Late Bibi Amna resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
168. Bibi Abusa daughter of Late Bibi Amna resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
169. Md. Mansoor Alam son of Late Most. Kitaban resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
170. Md. Musha Khan son of Md. Sabib Khan resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
171. Masoom Raza son of Shafi Ahmad resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
172. Md. Aslam son of Late Sk. Serajuddin resident of Village Khashia Basti,
Mauza Basantpur, Police Station Araria, District Araria.
173. Md. Jamal son of Md. Moinuddin resident of Village Khashia Basti, Mauza
Basantpur, Police Station Araria, District Araria.
174. Abdul Quddus son of Late Sk. Saghiruddin resident of Village Khashia
Basti, Mauza Basantpur, Police Station Araria, District Araria.
... ... Respondent/s
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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======================================================
Appearance :
For the Petitioners : Mr. Syed Firoz Raza, Advocate
For the State : Dr. Md. Raisul Haque, SC-10
For the Pvt. Respondents: Mr. Subodh Kumar Jha, Advocate
Mr. Praveen Kumar Jha, Advocate
Mr. Chandra Mohan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
CAV JUDGMENT
Date: 07-01-2025
The present petition has been filed under Article 227
of the Constitution of India by the petitioners seeking deletion
of certain statement/claim mentioned in remark column in the
decree in Title Appeal No. 57 of 2001 with further relief to set
aside the order dated 17.02.2021 passed by the learned
Additional District Judge-V, Araria, whereby and whereunder
the application filed by the petitioners under Section 152 of the
Code of Civil Procedure, 1908 (for short 'the Code') has been
disposed of as not maintainable.
02. Briefly stated, the facts of the case, are that the
plaintiffs/respondents/petitioners initially filed a suit for
declaration of title over Revisional Survey Plot Nos. 3692, 3693
and 3695 of RS Khata No. 871 having an area 38.75 acres of
Mauza-Haria, District-Araria and also for declaration that name
of the defendant-State recorded in the Revisional Survey
Khatiyan with respect to suit land was wrong. Initially the suit
was filed by eight plaintiffs whereafter on death of one of the
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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plaintiffs, substitution was made and plaintiff no. 6B was
impleaded after death of his predecessor-in-interest, who was
original plaintiff no. 6. The present petitioners as well as
proforma respondents were initially plaintiffs and successor-in-
interest of plaintiffs. Plaintiff no. 6B, Sarwar Alam, was
impleaded as respondent no. 68 in Title Appeal No. 57 of 2001
filed against the judgment and decree of Title Suit No. 818 of
1962 in which the judgment was passed on 31.08.1998 and the
decree was sealed and signed on 10.09.1998. The decree in the
said title suit was to the following effect:
"The suit be and the same is hereby
decreed on contest with cost. It is further
declared that title of the plaintiffs over the
land in suit. It is also further declared that RS
Khatiyan entry with respect of land in suit in
the name of defendant is wrong"
The aforesaid judgment and decree were challenged
by the State of Bihar in Title Appeal No. 57 of 2001, which was
dismissed vide judgment dated 11.01.2021 and decree dated
16.01.2021
. It transpires from the decree dated 16.01.2021 that
the names of respondents, heirs of respondents and remark
column were mentioned as part of decree on seven pages. The
remarks column of the decree of Title Appeal No. 57 of 2001
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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mentioned only about the status of all respondents/legal heirs by
recording that the name of respondents/legal heirs has been
deleted, except for respondent nos. 68, 91 and 92. Against
respondent no. 68, in the remarks column of the decree, it has
been mentioned as under:
“According to petition filed on
04.1.2021 on behalf of respondent no. 68, the
respondent have private partition an area of
14 (Fourteen) Bighas land from the R.S. Plot
No. 3693 and an area of 21 decimal from R.S.
Plot no. 3692 and an area of 21 decimal from
RS Plot No. 3695 under R.S. Khata No. 871
fell to the share of respondent no. 68, namely
Sarwar Alam and he has been coming in
exclusive peaceful possession.”
Against respondent nos. 91 and 92, it has been
mentioned in the remarks column that “All Share purchased by
Respondent no. 68”. In the present petition, the incorporation of
these facts in the remarks column has been challenged. It also
transpires that after the passing the judgment and decree in Title
Appeal No. 57 of 2001, an application dated 11.02.2021 has
been filed on behalf respondents of title appeal regarding
correction in the father’s name of some respondents, name of
respondents and also for deletion of the remarks mentioned in
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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the column of respondent no. 68, which has been dismissed by
the learned Additional District Judge-V, Araria vide order dated
17.02.2021, which is also under challenge before this Court.
03. Learned counsel for the petitioners submitted that
the petitioners have challenged the incorporation of extraneous
material in the decree and the order rejecting the application
filed for deletion of this portion from the decree and correcting
the names of some of the respondents and the names of father of
some of the respondents. The respondent no. 68 in the title
appeal, who is respondent no.3 herein, being the main pairvikar
of the case and taking advantage of his position, surreptitiously
filed the application dated 04.01.2021 and the contents of the
said application have been incorporated in the decree dated
16.01.2021 of Title Appeal No. 57 of 2001. Further, on
04.01.2021 itself, respondent nos. 97 to 101 filed another
application stating that they have purchased part of the suit
property from some of the respondents and specifically
mentioned that respondent no. 100 and 101 have purchased this
property from respondent no. 68 and they prayed for
impleadment of their names and addresses as respondent nos.
97, 98, 99, 100 and 101 in the decree of title appeal. Learned
counsel further submitted that though no order or adjudication
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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has been made by the learned first appellate court on the
application dated 04.01.2021 filed by Sarwar Alam, plaintiff no.
63/respondent no. 68/respondent no.3, his claim was inserted in
the remarks column of the decree in the title appeal. Learned
counsel further submitted that no partition ever took place and
there was no adjudication to this effect but the respondent no. 3,
Sarwar Alam, taking advantage of the fact that he was doing the
pairvi, finding an opportune time, got a decree in his favour
over his claim and such insertion in the decree about the claim
of respondent no. 3 herein, is totally illegal and void ab initio.
Learned counsel further submitted that there has been not a
whisper with regard to claim of respondent no. 3 about
exclusive title and possession in the judgment dated 11.01.2021
of the title appeal but in the remarks column, the claim of the
respondent no. 3 has been inserted through backdoor. Taking
advantage of the entry in the remarks column of the decree in
the title appeal, Sarwar Alam, respondent no. 3, has been
alienating the property mentioned therein whereas no partition
has taken between the parties till date. Learned counsel further
submitted that even the timing of the application filed by Sarwar
Alam is quite pertinent as the said application was filed just
seven days prior to the judgment of the title appeal. Learned
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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counsel further submitted that from perusal of judgments, either
of the Title Suit No.818 of 1962 or of the Title Appeal No. 57 of
2001, there is no observation of the either of the courts about
title and possession of Sarwar Alam, plaintiff no. 63/respondent
no. 68/respondent no.3, which is completely irrelevant and out
of context and has been made only to confer advantage on
Sarwar Alam and to create dispute between the parties since no
partition has taken place amongst them. Learned counsel further
submitted that finding certain discrepancy in the decree dated
16.01.2021 about typing mistakes in wrong mentioning of
names of father of respondent nos. 1 and 2, name of respondent
no. 37 and entering the names of respondent nos. 97 to 101, who
were not the parties in Title Suit No. 818 of 1962 nor they were
the heirs of the respondents, an application has been filed on
behalf of the respondents. In the same application, it has been
pointed out that the name of the father of the respondent no. 68
has also been wrongly typed and against the remark column of
respondent no. 68, certain typing mistakes have been made and
deletion of same has been sought. However, the learned
Additional District Judge-V, Araria, merely on submission of the
opposite side that the application was not maintainable as the
applicants did not prefer the application within three days after
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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passing of the decree, disposed of the application finding it to be
not maintainable. Learned counsel further submitted that this
order has also been challenged as the same is a completely
erroneous order. There has been not much time gap and the
application has been filed within a month of the passing of the
decree and the learned first appellate court committed an error
of jurisdiction when it refused to make necessary correction in
the decree. Learned counsel further submitted that under Section
152 of the Code, the learned first appellate court has ample
power to correct the typing mistakes of clerical or arithmetical
nature arising therein from any accidental slip or omission at
any time by the court either of its own motion or on the
application of any of the parties. But the learned first appellate
court completely missed the point and did not adhere to the
settled principles of law.
04. Learned counsel for the petitioners referred to a
decision of Madurai Bench of Madras High Court in the case of
M. Muthukrishnan Vs. Ethirajulu & Ors. (C.R.P. (NPD) (MD)
No. 268 of 2007) decided on 05.02.2009 wherein the issue
before the learned Single Judge was whether the petition filed
under Sections 152 and 153 of the Code to amend the decree in
terms of the judgment was maintainable or not and the learned
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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Single Judge held that the application filed by the petitioner to
amend the final decree is maintainable since correction or
mistake in the decree can be rectified at any time. The said point
was not considered by the learned subordinate court. Learned
counsel for the petitioners next relied on the decision of Punjab
and Haryana High Court in the case of Sampuran Singh
(Deceased By L.Rs.) Vs. Nandu & Ors., reported in AIR 2004
P & H 239 wherein it has been held that the power of the Court
under Section 152 of the Code is not restricted to correction of
errors in decree drawn up by ministerial staff only, rather it can
be exercised even to correct the Judgments pronounced and
signed by the Court. The learned Single Judge held that the test
to determine whether the slip or omission is accidental or not,
can be gathered from the intention of the Judge in preparing the
judgment or order and it has further been held that if there are
mistakes which are capable of being rectified and they answer to
the description of the mistakes under Section 152 of the Code,
the Court should invariably rectify the mistakes and do justice
between the parties. Learned counsel further relied on another
decision of High Court of Madras in the case of Chinna
Marudachalam & Anr. vs Chinnaiya Gounder @ Renganna
Gounder, reported in 1996 SCC OnLine Mad 734 wherein the
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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Single Judge Bench of Madras High Court in Para-15 held as
under:
“15. I am therefore of the opinion that the
petition filed by the respondents
herein/defendants under S. 152, C.P.C. after the
decree to correct the error is perfectly in order
and the Courts are empowered to correct the
mistakes under Ss. 151 and 152 of the Code of
Civil Procedure. An argument was advanced by
Mr. Rajendran that under O. 20 R. 3 of the Code,
once a judgment is signed by the Judge, it cannot
be altered or added. In my opinion the above
Rule expressly provides that a correction can be
made under S. 152, C.P.C. and the Rule does not
also affect the Court’s inherent power under S.
151, C.P.C. Therefore, it is thus manifestly clear
that the errors arising from an accidental slip
can be corrected subsequently not only in a
decree drawn up by a Ministerial Officer of the
Court, but even in a judgment pronounced and
signed by the Court. It is well settled that the act
of the Court should not prejudice any party and
Courts have the duty to see that their records are
truth and represent the correct state of affairs. In
order to prevent such prejudice, Court can
always exercise inherent powers. This Court
(Sathiadev, J.) also held that there is no time
limit for correcting clerical or arithmetical
mistake under S. 151 and 152 C.P.C. The said
opinion was expressed by the learned Judge in
the judgment reported in V.R. Srinivasa Rahavan
and others v. Kannammal alias Janaki, by Power
Agent N.C. Rajagopal and others (1980 T.L.N.J.
50).”
05. Learned counsel for the petitioners reiterated that
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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since the claim of respondent no. 3, Sarwar Alam, does not find
any mention in the judgment, its incorporation in the decree is
completely perverse. Similarly, the learned first appellate court
allowing impleadment of certain persons as respondents in the
decree, without allowing their application for impleadment in
the title appeal, is simply not permissible. Then, not making
correction with regard to name of respondents or their fathers’
name merely due to fact that the same was not sought to be
incorporated within three days of the passing of the decree,
could not be appreciated and makes such order unsustainable.
06. Learned counsel for the State as well as learned
counsel appearing on behalf of respondent no. 3 vehemently
opposed the submission made on behalf of the petitioners.
Learned counsel for the respondent no. 3 contended that there is
no infirmity in the impugned order dated 17.02.2021 as well as
challenge to the averment made in the remarks column of the
decree of title appeal. Learned counsel, at the outset, submitted
that the present petition is not maintainable as the petitioners
have, in fact, challenged the judgment and decree passed by the
learned first appellate court and this Court, exercising its power
under Article 227 of the Constitution of India, could not
entertain such petition. The title appeal was dismissed on merit
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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and it is not an interlocutory order which could be challenged
under Article 227 of the Constitution of India before this Court.
Learned counsel referred to the decision of Hon’ble Supreme
Court in the case of Mohd. Inam Vs. Sanjay Kumar Singhal &
Ors., reported in AIR 2020 SC 3433 wherein it has been held
that in the guise of exercising jurisdiction under Article 227 of
the Constitution of India, the High Court cannot convert itself
into a court of appeal. It has further been held that though the
powers under Article 227 are wide, they must be exercised
sparingly and only to keep subordinate courts and Tribunals
within the bounds of their authority and not to correct mere
errors. On the same proposition, learned counsel further relied
on two decisions of Hon’ble Supreme Court in the case(s) of
Celina Coelho Pereira (Ms) & Ors. Vs. Ulhas Mahabaleshwar
Kholkar & Ors., reported in 2010 (1) SCC 217 [Para-31] and
Shamshad Ahmad & Ors. Vs. Tilak Raj Bajaj (Deceased)
through Lrs. and Ors., reported in (2008) 9 SCC 1 [Para-42]
wherein the Hon’ble Supreme Court in Para-31 of the decision
in the case of Ms. Celina Coelho Pereira & Ors. (supra) held as
under:
“31. In State v. Navjot Sandhu, this Court
explained the power of the High Court under Article
227 thus: (SCC pp. 656-57, para 28)
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
23/36“28. Thus the law is that Article 227 of the
Constitution of India gives the High Court the power
of superintendence over all courts and tribunals
throughout the territories in relation to which it
exercises jurisdiction. This jurisdiction cannot be
limited or fettered by any Act of the State
Legislature. The supervisory jurisdiction extends to
keeping the subordinate tribunals within the limits of
their authority and to seeing that they obey the law.
The powers under Article 227 are wide and can be
used, to meet the ends of justice. They can be used to
interfere even with an interlocutory order. However
the power under Article 227 is a discretionary power
and it is difficult to attribute to an order of the High
Court, such a source of power, when the High Court
itself does not in terms purport to exercise any such
discretionary power. It is settled law that this power
of judicial superintendence, under Article 227, must
be exercised sparingly and only to keep subordinate
courts and tribunals within the bounds of their
authority and not to correct mere errors. Further,
where the statute bans the exercise of revisional
powers it would require very exceptional
circumstances to warrant interference under Article
227 of the Constitution of India since the power of
superintendence was not meant to circumvent
statutory law. It is settled law that the jurisdiction
under Article 227 could not be exercised `as the
cloak of an appeal in disguise’.”
07. Learned counsel for the respondent no. 3 also
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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assailed the submission made on behalf of the petitioners about
there being accidental omission or slip in the judgment and
decree so as to allow the court to invoke its power under Section
151 or 152 of the Code. Learned counsel further submitted that
in the case of Dwaraka Das Vs. State of M.P. & Anr., reported
in (1999) 3 SCC 500, the Hon’ble Supreme Court held that
correction should be of the mistake or omission which is
accidental and non-intentional and does not go to the merits of
the case. Provision cannot be invoked to modify, alter or add to
the terms of original judgment, order or decree so as to, in
effect, pass an effective judicial order and the Hon’ble Supreme
Court deprecated the tendency of the lower court in using
liberally the provisions of Sections 151 and 152 of the Code to
alter original judgment decree or order. On the same
proposition, learned counsel further relied on another decision
of Hon’ble Supreme Court in the case of Jayalakshmi Coelho
Vs. Oswald Joseph Coelho, reported in (2001) 4 SCC 181
wherein the Hon’ble Supreme Court held that non-incorporation
in a decree of contents of a petition or plaint such as a memo of
agreement between the parties, could not be considered an
arithmetical or clerical error or accidental slip and amenable to
correction under Section 152 of the Code. The learned counsel
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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also referred to the decision in the case of Sampuran Singh
(Deceased by LRs.) (supra) cited by the learned counsel for the
petitioners about the scope of Section 152 of the Code.
08. Learned counsel for the respondent no. 3 further
submitted that the learned first appellate court only took into
consideration the averment made by the respondent no. 68
(respondent no. 3 herein) of the title appeal, bringing on record
the fact about the family settlement and the same has been
incorporated in the remarks column of the decree and there is
nothing wrong in it. Similarly, the
amendment/modification/correction sought in the decree after
lapse of time for its rectification was rightly not entertained by
the learned first appellate court as the same was not
maintainable. Thus, the learned counsel submitted that there is
no infirmity in the impugned order and the same does not
require any interference.
09. I have given my thoughtful consideration to the
rival submission of the parties and perused the record.
10. There is preliminary objection of the respondents
about maintainability of the present petition. But such objection
is simply misconceived as there has been no challenge to the
dismissal of the title appeal before this Court. What has been
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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challenged before this Court is certain errors creeping in the
decree and the learned first appellate court refusing to entertain
application for correction of such errors. Therefore, the reliance
placed by the learned counsel for the respondent no. 3 in the
case(s) of Mohd. Inam (supra), Ms. Celina Coelho Pereira &
Ors. (supra) and Shamshad Ahmad & Ors. (supra) are not
relevant for the purpose of facts of the present case. Moreover,
the Hon’ble Supreme Court in the case of Shamshad Ahmad &
Ors. (supra) in Para-42 held as under:
“42. In State v. Navjot Sandhu [(2003) 6
SCC 641 : 2003 SCC (Cri) 1545] this Court
reiterated : (SCC pp. 656-57, para 28)
“28. Thus the law is that Article 227 of
the Constitution of India gives the High Court
the power of superintendence over all courts
and tribunals throughout the territories in
relation to which it exercises jurisdiction. This
jurisdiction cannot be limited or fettered by
any Act of the State Legislature. The
supervisory jurisdiction extends to keeping the
subordinate tribunals within the limits of their
authority and to seeing that they obey the law.
The powers under Article 227 are wide and
can be used to meet the ends of justice. They
can be used to interfere even with an
interlocutory order. However, the power under
Article 227 is a discretionary power and it is
difficult to attribute to an order of the High
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
27/36Court, such a source of power, when the High
Court itself does not in terms purport to
exercise any such discretionary power. It is
settled law that this power of judicial
superintendence, under Article 227, must be
exercised sparingly and only to keep
subordinate courts and tribunals within the
bounds of their authority and not to correct
mere errors. Further, where the statute bans
the exercise of revisional powers it would
require very exceptional circumstances to
warrant interference under Article 227 of the
Constitution of India since the power of
superintendence was not meant to circumvent
statutory law. It is settled law that the
jurisdiction under Article 227 could not be
exercised ‘as the cloak of an appeal in
disguise’.”
11. Since the issue before this Court is only with
regard to the learned first appellate court refusing to make some
correction in the decree, the same is always open to be tested
before this Court under Article 227 of the Constitution of India.
Reliance could be placed on the decision in the case of Mohd.
Inam (supra) wherein the Hon’ble Supreme Court has clearly
held that the supervisory jurisdiction extends to keeping the
subordinate tribunals within the limits of their authority and
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
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seeing that they obey the law and the powers under Article 227
must be exercised sparingly and only to keep subordinate courts
and Tribunals within the bounds of their authority. So, the
objection of the learned counsel for the respondents to the
maintainability of the present petition is not sustainable and the
same is rejected.
12. Section 152 of the Code reads as under:
“152. Amendment of judgments, decrees or
orders.–Clerical or arithmetical mistakes in
judgments, decrees or orders or errors arising
therein from any accidental slip or omission may
at any time be corrected by the Court either of its
own motion or on the application of any of the
parties.”
The legal position about Section 152 of the Code
has been made clear by the Hon’ble Supreme Court in the case
of Jayalakshmi Coelho (supra) in its Para-13, which reads as
under:
“13. So far as the legal position is
concerned, there would hardly be any doubt
about the proposition that in terms of Section
152 CPC, any error occurred in the decree on
account of arithmetical or clerical error or
accidental slip may be rectified by the court.
The principle behind the provision is that no
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party should suffer due to mistake of the court
and whatever is intended by the court while
passing the order or decree must be properly
reflected therein, otherwise it would only be
destructive to the principle of advancing the
cause of justice. A reference to the following
cases on the point may be made:
The basis of the provision under
Section 152 CPC is found on the maxim actus
curiae neminem gravabit i.e. an act of court
shall prejudice no man (Jenk Cent-118) as
observed in a case reported in Assam Tea
Corpn. Ltd. v. Narayan Singh [AIR 1981 Gau
41] . Hence, an unintentional mistake of the
court which may prejudice the cause of any
party must be rectified. In another case
reported in L. Janakirama Iyer v. P.M.
Nilakanta Iyer [AIR 1962 SC 633] it was
found that by mistake the words “net profit”
were written in the decree in place of “mesne
profit”. This mistake was found to be clear by
looking to the earlier part of the judgment.
The mistake was held to be inadvertent. In
Bhikhi Lal v. Tribeni [AIR 1965 SC 1935] it
was held that a decree which was in
conformity with the judgment was not liable to
be corrected. In another case reported in
Master Construction Co. (P) Ltd. v. State of
Orissa [AIR 1966 SC 1047 : (1966) 17 STC
360] it has been observed that arithmetical
mistake is a mistake of calculation, a clerical
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
30/36mistake is a mistake in writing or typing
whereas an error arising out of or occurring
from accidental slip or omission is an error
due to careless mistake on the part of the court
liable to be corrected. To illustrate the point, it
has been indicated as an example that in a
case where the order may contain something
which is not mentioned in the decree would be
a case of unintentional omission or mistake.
Such omissions are attributable to the court
which may say something or omit to say
something which it did not intend to say or
omit. No new arguments or rearguments on
merits are required for such rectification of
mistake. In a case reported in Dwaraka Das v.
State of M.P. [(1999) 3 SCC 500] this Court
has held that the correction in the order or
decree should be of the mistake or omission
which is accidental and not intentional
without going into the merits of the case. It is
further observed that the provisions cannot be
invoked to modify, alter or add to the terms of
the original decree so as to in effect pass an
effective judicial order after the judgment in
the case. The trial court had not granted the
interest pendente lite though such a prayer
was made in the plaint but on an application
moved under Section 152 CPC the interest
pendente lite was awarded by correcting the
judgment and the decree on the ground that
non-awarding of the interest pendente lite was
Patna High Court C.Misc. No.244 of 2021 dt. 07-01-2025
31/36an accidental omission. It was held that the
High Court was right in setting aside the
order. Liberal use of the provisions under
Section 152 CPC by the courts beyond its
scope has been deprecated. While taking the
above view this Court had approved the
judgment of the Madras High Court in
Thirugnanavalli Ammal v. P. Venugopala
Pillai [AIR 1940 Mad 29 : (1939) 2 MLJ 751]
and relied on Maharaj Puttu Lal v. Sripal
Singh [AIR 1937 Oudh 191 : ILR 12 Luck
759] . Similar view is found to have been
taken by this Court in a case reported in State
of Bihar v. Nilmani Sahu [(1996) 11 SCC 528]
where the Court in the guise of arithmetical
mistake on reconsideration of the matter came
to a fresh conclusion as to the number of trees
and the valuations thereof in the matter which
had already been finally decided. Similarly in
the case of Bai Shakriben v. Special Land
Acquisition Officer [(1996) 4 SCC 533] this
Court found omission of award of additional
amount under Section 23(1-A), enhanced
interest under Section 28 and solatium etc.
could not be treated as clerical or arithmetical
error in the order. The application for
amendment of the decree in awarding of the
amount as indicated above was held to be bad
in law.”
13. Further, Paragraph-6 of decision in the case of
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Dwaraka Das (supra) is quite illuminating on the scope of
provisions of Section 152 of the Code, which reads as under:
“6. Section 152 CPC provides for
correction of clerical or arithmetical mistakes
in judgments, decrees or orders of errors
arising therein from any accidental slip or
omission. The exercise of this power
contemplates the correction of mistakes by the
court of its ministerial actions and does not
contemplate of passing effective judicial orders
after the judgment, decree or order. The settled
position of law is that after the passing of the
judgment, decree or order, the court or the
tribunal becomes functus officio and thus being
not entitled to vary the terms of the judgments,
decrees and orders earlier passed. The
corrections contemplated are of correcting only
accidental omissions or mistakes and not all
omissions and mistakes which might have been
committed by the court while passing the
judgment, decree or order. The omission sought
to be corrected which goes to the merits of the
case is beyond the scope of Section 152 for
which the proper remedy for the aggrieved
party is to file appeal or review application. It
implies that the section cannot be pressed into
service to correct an omission which is
intentional, however erroneous that may be. It
has been noticed that the courts below have
been liberally construing and applying the
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even after passing of effective orders in the lis
pending before them. No court can, under the
cover of the aforesaid sections, modify, alter or
add to the terms of its original judgment,
decree or order. In the instant case, the trial
court had specifically held the respondent-State
liable to pay future interest only despite the
prayer of the appellant for grant of interest
with effect from the date of alleged breach
which impliedly meant that the Court had
rejected the claim of the appellant insofar as
pendente lite interest was concerned. The
omission in not granting the pendente lite
interest could not be held to be accidental
omission or mistake as was wrongly done by
the trial court vide order dated 30-11-1973. The
High Court was, therefore, justified in setting
aside the aforesaid order by accepting the
revision petition filed by the State.”
14. Now, coming to the facts of the case.
Admittedly, the application filed by respondent no. 3 remained
on record and no orders were passed on it. It was not something
intended to be included in the decree since there was no finding
about it in the judgment of the title appeal or even in the
judgment and decree of the title suit. In other words, it was
included contrary to the original intention of the learned first
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appellate court or the learned trial court. Section 152 of the
Code is based on the legal maxim “actus curiae neminem
gravabit”, i.e., ‘an act of court shall prejudice none’. Therefore,
an unintentional mistake of the court which may prejudice the
cause of any party, must be rectified as observed in the case of
Jayalakshmi Coelho (supra). If no orders have been passed on
the claim made by the respondent no. 3, its incorporation in the
decree was without any reasons and superfluous and, apparently,
a manifest error on part of the learned first appellate court. If
unintentional mistakes could be rectified, perverse intentional
mistakes need to be rectified with more promptitude. It is
apparent that the insertion under challenge made in the decree is
based on extraneous material which should not have been made
in the first place. Even from the application dated 04.01.2021
filed by respondent no. 3, it is evident that no specific prayer has
been made in the said application and the same was filed with
prayer to keep the same on record. It appears that the learned
first appellate court went extra length to incorporate the
averment of the said application in remarks column of the
decree against respondent no. 68 (respondent no. 3 herein) of
the title appeal.
15. Similarly, disallowing the rectification in the
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names of some of the respondents or in names of father of some
of the respondents or incorporating such persons as respondents
who were not originally party to the title suit or were not
impleaded during the proceedings of the title appeal, shows the
learned first appellate court passed the order with a close mind
without considering the ramifications. If no orders have been
passed on impleadment of respondent nos. 97 to 101, their
incorporation as party respondents for the first time in the
decree of title appeal is simply illegal. Similarly, learned first
appellate court not allowing the correction in the names of the
some of the respondents or in the names of deceased father of
some of the respondents is beyond comprehension. The learned
first appellate court overlooked the settled proposition of law
that procedural laws are primarily meant to do justice between
the parties and are not used to frustrate the cause of justice or to
circumvent it.
16. In the light of discussion made here-in-before, I
have no hesitation in holding that the learned first appellate
court committed gross error of jurisdiction when it refused to
allow the application dated 11.02.2021 and passed the impugned
order dated 17.02.2021 and refused to make correction in decree
as discussed here-in-before and hence, the order dated
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17.02.2021 passed by the learned first appellate court is set
aside. In the result, the application dated 11.02.2021 filed by the
petitioners stands allowed.
17. Accordingly, the present petition stands
allowed.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR AFR CAV DATE 03.12.2024 Uploading Date 08.01.2025 Transmission Date NA