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Jharkhand High Court · body

2012 DIGILAW 1381 (JHR)

Manirul Haque v. State of Jharkhand

2012-09-12

N.N.TIWARI

body2012
ORDER I.A. No.2590 of 2012 In this interlocutory application, the petitioner has prayed for addition of the prayer in the writ petition. 2. It has been stated that during pendency of the writ petition, the appellate authority has dismissed the petitioner's appeal for default by his order dated 7th January, 2011. Learned counsel for the petitioner submitted that though the appeal was filed long back in the year 2009, the Appellate Court did not take up the appeal for hearing on several dates and after a long time suddenly the appeal was taken up on 7th January, 2011 and without any notice and opportunity of hearing to the petitioner, it has been dismissed for nonappearance and default of the appellant (petitioner herein). 3. Since the writ petition is pending against the order passed by the Licensing Authority, the prayer for quashing the said order passed by the appellate authority be also added. 4. The respondents have disputed the petitioner's contentions and contested this application. It has been submitted that the appeal has been dismissed for nonappearance of the petitioner and on his fault. There is no illegality in the order. No proper ground has been made out for addition of the said prayer and amendment of the writ petition. Learned counsel for the respondents, however, has not disputed the fact that the appeal was pending since 2009 and the same was not taken up for hearing and the case was adjourned on all the dates and it was taken up on 7th January, 2011 and was dismissed. 5. Considering that the petitioner has sought addition of the prayer in the writ petition, which is closely related with the prayer made in the writ petition and the same is required to bring on record the subsequent event and also for making suitable prayer for adjudication of all the controversies between the parties effectively, I find no impediment in allowing this interlocutory application. 6. Accordingly, this interlocutory application is allowed. Amendment, as prayed for, stands allowed. 7. I.A. No.2590 of 2009 is disposed of.