Page No.# 1/4 GAHC010006322025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/140/2025 ON THE DEATH OF AMJAD HUSSAIN, HIS LEGAL HEIR- S/O LT. JALAL UDDIN SARKAR R/O WARD NO. 3, DHUBRI TOWN, DIST. DHUBRI, ASSAM 2: ATIQUL HUSSAIN SON OF LT. AMJAD HUSSAIN R/O-WARD NO.3 DHUBRI TOWN DIST.-DHUBRI ASSAM VERSUS DHUBRI MUNICIPAL BOARD AND 4 ORS REP. BY ITS CHAIRMAN AND HAVING ITS OFFICE AT WARD NO. 1, DHUBRI TOWN, DHUBRI- 783301, ASSAM 2:THE EXECUTIVE OFFICER DHUBRI MUNICIPAL BOARD DHUBRI ASSAM PIN - 783301. 3:KALIMUDDIN SHEIKH S/O LT. KARIMUDDIN SHEIKH C/O DHUBRI MUNICIPAL BOARD HAVING ITS OFFICE AT WARD NO. 1 DHUBRI TOWN DHUBRI - 783301 ASSAM Page No.# 2/4 4:KAMAL SHEIKH S/OLT. KARIMUDDIN SHEIKH C/O DHUBRI MUNICIPAL BOARD HAVING ITS OFFICE AT WARD NO. 1 DHUBRI TOWN DHUBRI- 783301 ASSAM 5:ISMAIL HUSSAIN S/O ABDUR RAHMAN MOLLAH R/O VILL- MAHAMAYAR CHAR P.O. MUTHAKHOWA DIST. DHUBRI PIN - 783323 ASSA Advocate for the Petitioner : MR. U K GOSWAMI, MR. R R Gogoi,MR K P PATHAK,MS. A TALUKDAR,MR. U K GOSWAMI Advocate for the Respondent : MR. P S BHATTACHARYYA, MR. P S BHATTACHARYYA (R1 & R2),MS N NAZNEEN (R4),MD. I H KHAN (R4),MR. D CHOUDHURY (R-5),MR. T CHAKRABORTY (R-5) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28.01.2025 1. Heard Mr. U.K. Goswami, learned counsel for the applicant, who submits that there are some typographical errors in paragraph Nos. 5, 7, 8 and 19 of the Judgment and Order dated 16.12.2024 passed in WP (C) No.4592/2018. He submits that the following figures need to be corrected as given in paragraph Nos. 5 and 6 of his application: “5 That, it is humbly prayed before this Hon’ble Court to rectify/correct the word ‘respondent No. 3 as respondent No.4’ at paragraph Nos. 5;7;8; and 19 in the Judgment and Order dated 16.12.2024 passed in WP(C) No.4592/2018 for Page No.# 3/4 the interest of justice. 6. That it is humbly states that at paragraph No.5 in the 3rd line ‘in favour of the respondent No.3’ shall be ‘in favour of the respondent No.4’. Likewise, at 6th line ‘been allotted to the respondent No.3’ shall be replaced as respondent No.4.’ 2. Mr. P.S.Bhattacharjee, learned counsel for the respondent Nos. 1 and 2 submits that there does not seem to be any infirmity in the Judgment and Order dated 16.12.2024 passed in WP(C) No.4592/2018. However, the problem has arisen due to the fact that this Court, in its order dated 04.10.2023 passed in WP(C) No.4592/2018, had struck off the earlier respondent No. 3 as a party from the writ petition, on the oral prayer made by the writ petitioner’s counsel. 3. I have heard the learned counsels for the parties. 4. The problem seems to have arisen due to the fact that despite the striking off, of the earlier respondent No.3 from the array of parties, in terms of the order dated 04.10.2023 passed in WP(C) No. 4592/2018, no order for submission of a corrected Cause Title had been made by this Court, nor had the petitioner submitted any corrected Cause Title to the Registry. As such, the array of parties in the Cause Title continued to remain the same i.e. the struck off respondent No.3 continued to remain as party. However, to rectify the anomalous situation that has arisen, this Court is of the view that a clarification can be made in this application. Accordingly, the respondent No. 3 mentioned in paragraph 5, 7, 8 and 19 of the Judgment and Order dated 16.12.2024 passed in WP(C) No.4592/2018 shall refer to and be read as ‘Kamal Sheikh, S/O Lt. Karimuddin Sheikh, C/o Dhubri Municipal Board, having its office at Ward No.1, Page No.# 4/4 Dhubri Town. 5. Further, the respondent No. 4 mentioned in paragraph 5 of the said Judgment and Order shall refer to and be read as ‘Kalimuddin Sheikh, S/O Lt. Karimuddin Sheikh, C/o Dhubri Municipal Board having its office at Ward No.1, Dhubri Town. 6. The interlocutory application is accordingly allowed and disposed of. JUDGE Comparing Assistant