FAKHRUDDIN Vs. REVENUE DEPARTMENT

JUDGEMENT

(1.) By this review petitioner under Order 47 read with Rule (1) of C.P.C for reviewing order dated 11-09-2013 passed in W.P. No.8365/2013.

(2.) Brief facts of the case are that the petitioners Fakruddin, Zulfikar and Suman Devi jointly filed writ Petition no.8365/2013 seeking mutation of their names over the land bearing survey no.137-B, Sher Saray, Post Offie Road, Ratlam. The petition was accepted and directions were issued to the Collector, Ratlam to pass order of mutation within a period of two months on production of the copy of the order passed by this Court, before him. However due to typographical error in the order passed in writ petition the number "3" (petitioner no.3 - Suman Devi) was left out, which reads as :

(3.) By typographical error as it is evident, the respondent were directed to mutate only the name of petitioner no.1&2, whereas the same relief was also claimed by petitioner no.3, Suman Devi. Contempt petition bearing no.166/2015 was also filed by the petitioners jointly thereafter and the Court finding that there was a substantial non -compliance on the part of the respondent/State, disposed off the contempt petition on 16/09/2015 with costs of Rs.50,000/- to be paid to the petitioner within 30 days. Despite such orders in favour of the petitioner, the order passed by the Tehsildar on 19/09/2015 indicated only the name of the petitioner nos.1 & 2 in record, since the order passed by this Court in the writ petition did not mention petitioner no.3, whereas in the contempt petition also the cause title mentioned the name of the petitioner no.3 and hence the present appeal.