Rajdhani Constructions And ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 10374 MP

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                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                              WP No. 8601 of 2011
                                (RAJDHANI CONSTRUCTIONS AND COLONISERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                Dated : 01-08-2022
                                      Mr. Kishor Shrivastava, learned senior counsel with Mr. Siddhant

                                Kochar, learned counsel for the petitioner.
                                      Ms. Shikha Singh Baghel, learned Panel Lawyer for the State.
                                      Mr. Kapil Duggal, learned counsel for respondent No.3.

Heard on I.A. No.4919/2022, an application for amendment. Learned senior counsel appearing for the petitioner submitted that due to

efflux of time lot of subsequent developments have taken place during pendency of the instant writ petition and certain negotiations have failed, therefore, it has become necessary to amend the writ petition.

On the other hand, learned counsel appearing for respondent No.3 opposed the prayer and submitted that such application for amendment cannot be allowed after a lapse of 11 years and if the application is allowed, the nature of petition would change.

Learned counsel appearing for the petitioner relied on the judgment of the Apex Court rendered in the case of Sampath Kumar Vs. Ayyakannu and

another, (2002) 7 SCC 559 wherein the Supreme Court has held that the delay of 11 years in filing the application by itself is not a ground of rejecting the application and the facts and circumstances of each case has to be taken into consideration while allowing the application.

Heard the learned counsel for the parties. Signature Not Verified SAN On perusal of the application as well as the reply, this Court is inclined to Digitally signed by VARSHA CHOURASIYA Date: 2022.08.02 18:19:33 IST allow the application. Accordingly, I.A. No.4919/2022 is allowed.

Learned counsel for the petitioner is directed to incorporate the necessary amendment within a period of seven days and file the amended petition.

Learned counsel for the petitioner is also directed to supply copy of the amended petition to learned counsel for respondent No.3 so that he may file additional reply within four weeks, if so advised.

List immediately after four weeks.

(S. A. DHARMADHIKARI) JUDGE

vc

Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2022.08.02 18:19:33 IST