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Gujarat High Court · body

2012 DIGILAW 735 (GUJ)

Kanubhai Thakor v. State of Gujarat Thro Secretary

2012-10-09

K.M.Thaker

body2012
Judgment K.M. Thaker, J.—Heard Mr. Patel, learned advocate for H.L. Patel advocates for the applicant - petitioner and Mr. Shah, learned AGP for respondent - opponent. 2. Having regard to the submissions made by the learned advocate for the applicant - petitioner and considering the facts and circumstances of the case, Rule. Mr. Shah, learned AGP waives service of Notice of Rule on behalf of the respondent. At the request of and with the consent of the learned advocates appearing for the contesting parties the application is taken up for final orders today. 3. In present application the applicant has prayed that:— 4(A) Be pleased to allow this Civil Application by permitting the applicant - original petitioner to add Para 12(FF) to 12(II) in the main petition. (B) . . . . . . . . . . .” 4. In present application the applicant is the original petitioner and the opponent is the original respondent in the petition. 5. The applicant has claimed that during the pendency of the petition, the applicant – petitioner preferred application under Rule 18 of the Gujarat Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2005. It is claimed that said application came to be decided and disposed of vide order dated 24.9.2012. 6. By present application the applicant - petitioner has prayed for permission to amend the petition so as to add Paragraph No.12 (FF) to 12(II) in the main petition to place the details regarding said application and subsequent order dated 24.9.2012 on record. 7. Since the details mentioned in the application and the amendment which is prayed for are said to have occurred during pendendy of the petition, relief prayed for by the applicant – petitioner deserves to be granted. 8. Therefore, the applicant – petitioner is allowed to amend the petition in terms of Paragraph No. 4(A) and the applicant – petitioner is permitted to amend the petition so as to add Paragraph No. 12 (FF) to 12(II). 9. With the aforesaid clarification the application is allowed in terms of paragraph No. 4(A). Rule is made absolute to the aforesaid extent. The applicant – petitioner shall carry out necessary amendment forthwith. The application stands disposed of accordingly.