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1974 DIGILAW 477 (ALL)

Gonda Kshetrya Sahkari Samiti Ltd. v. Assistant Registrar, Co-Operative Societies

1974-12-04

HARI SWARUP

body1974
ORDER : Hari Swarup, J. This application has been moved for amendment of the Writ Petition. The Writ Petition was filed to challenge the order of the Assistant Registrar, Co-operative Societies, Aligarh, Respondent No 1, dated 23-11-73 by which he appointed Jaipal Singh, Respondent No. 2, as Secretary cum-Manager of the Kshetra Sahkari Samiti Limited, Gonda. By the amendment which is sought through this application the Petitioners seek to challenge an order dated 19th July 1973 passed by Respondent No. 1, transferring Raghunath Singh Tomar Petitioner No. 2, who was working as Secretary of the Society, to the District Co-operative Bank. The cause of action on the basis of which the writ petition was filed was different from the cause of action which the applicant now seeks to introduce through the amendment. The order appointing Jaipal Singh may be bad; the order transferring Petitioner No. 2 may be good. A writ petition has to be admitted by a Division Bench. It is only after the Division Bench has scrutinised the order and has found that the order suffers from some error that it can be permitted to be challenged through a writ petition. This process cannot be circumvented by amendment of the Writ Petition. 2. As in the present case the cause of action for the pending Writ Petition is entirely different from the cause of action which is now sought to be introduced through the amendment application, and that cause of action had arisen much earlier, the amendment cannot be allowed 3. The application is rejected.