IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2477 of 2008 Bihar Finance Service House Construction Co-operative Society ltd. Through its honorary Secretary, Arun Kumar Sinha, 407, Tara Towers, North Shastri Nagar, Bailey Road, Patna-23 Versus THE STATE OF BIHAR through its Director, Land Acquisition, Secretariat, Patna ----------- 9 11-09-2009 Heard the parties. MJC no. 1296/2009 was filed on behalf of the petitioner, Bihar Finance Service House Construction Co- operative Society for striking off name of O.P. no.2, namely, Pharmaceuticals Co-operative House Construction Society Ltd., Devi Bhawan, Kadamkuan, Patna on the ground that society is defunct and traceless and as per policy of the State no Administrator can be appointed for such defunct society. That prayer was allowed on 30-04-2009. In the present MJC petition the prayer of the petitioner-society is to correct an alleged typographical error in paragraph 34 of judgement and order dated 20-6-2001 passed by this court in CWJC no. 2755/88 and other analogous cases including CWJC no. 93/84. In paragraph 34 of the said judgement the plot numbers, area and date of purchase in respect of lands relating to various writ petitions are enumerated. In respect of CWJC no. 93/84 the plot no. 220 has been mentioned in two places. At the first place its area has been shown as 2.82 acres and in the following line again the same plot has been shown with an area of 22 kathas and 4 dhurs. Date of purchase has been 2 mentioned as 01-06-78 and 02-08-78. Against 2.82 the remark is- purchased by society. For 22 kathas and 4 dhurs the remark is- by the members directly. From observation made in paragraph 21 of the said judgement it has been shown that the claim for the exclusion/exemption of land on behalf of Pharmaceuticals Co- operative House Construction Society Ltd. was allowed in part to the extent of 3.78125 acres while those of other societies were rejected. It has further been shown that in paragraph 37 of the same judgement this court has recorded that the area of the plots concerned in respect of which the claims of the petitioners has been allowed is about 10 acres in all. From the judgement of the Hon’ble Supreme Court rendered in a contempt petition and related appeal by the petitioner the submission on behalf of the petitioner that the area of 2.82 acres relating to plot no. 220 in respect of CWJC no. 93/84 sufferers from typographical error has been noticed and the Supreme Court has observed that for correction of such typographical error, if any, the party may approach this court. The judgement of the Supreme Court mentions at page 4 that the High Court has passed an order directing release of 12.9603 acres of land and claims in respect of other lands were rejected. On the basis of aforesaid facts appearing in the judgement of the Supreme Court it has been submitted that 2.82 acres purchased by Pharmaceuticals Co-operative House 3 Construction Society Ltd., was also released in part or in whole in the earlier transaction as noticed by the writ court in paragraph 21 of the judgement and, therefore, this area has again been mentioned in paragraph 34 of the judgement simply on account of typographical or inadvertent error because the High Court permitted release of purchases made by other petitioners and not the Pharmaceuticals Co-operative House Construction Society Ltd. In support of this plea it was highlighted that the area released as per order of the High Court, as mentioned by the High Court in its judgement was only about 10 acres in all but due to such erroneous inclusion 2.82 acres of land purchased by the concerned Society, the Supreme Court has noticed that the area ordered to be released by the High Court is 12 acres and odd. Considering all the facts and circumstances, we are of the view that stand of the petitioner seeking correction of the typographical error has merit. Accordingly, we clarify that 2.82 acres of land shown to have been purchased by Pharmaceuticals Co-operative House Construction Society Ltd. in respect of CWJC no. 93/84 is a typographical or inadvertent error and area for release/ exclusion passed by the High Court and confirmed by the Supreme Court is only in respect of 22 kathas and 4 dhurs of land of plot no. 220 purchased by the members directly. This application is, accordingly, allowed to the extent indicated above. Although we have ordered for deleting the name of 4 Pharmaceuticals Co-operative House Construction Society Ltd. on account of clear stand that it is defunct and traceless, we deem it proper, in the interest of justice, to observe that in case the society is in existence and is aggrieved by the order passed today then it may approach this court for suitable modification. BKS/- (Shiva Kirti Singh, J.) (Jyoti Saran, J.)