Full Judgment
ORDER
SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE GA No.1654 of 2013 With WP No.799 of 2011 NIRANJAN KUMAR SINHA & ANR.
Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :
11. h July, 2013.
Appearance: Mr.Chinmoy Pal, Adv.Ms.Anee Roy, Adv.Mr.Anirban Sen, Adv.… for the Petitioners Mr.Amitava Mitra, Adv.… for the State This Court: The petitioners filed the instant writ petition seeking issuance of a writ in the nature of mandamus directing the municipal authority to forthwith mutate the names of the petitioners in the municipal records.
Though in the original writ petition the petitioners stated that they submitted an application for mutation of their names in the municipal records, but the receipt, granted by the municipal authority acknowledging the receipt of the said application from the petitioneRs.was not annexed to the writ petition.
As such, the petitioners filed the instant amendment application for making the said receipt a part of the writ petition.
In the proposed amendment the petitioners also want to bring on record certain subsequent developments in connection with the said mutation proceeding.
On perusal of the said application for amendment, this Court is of the view that the proposed amendment is necessary for complete adjudication of the dispute involved in the writ petition.
The amendment is a bona fide one and if the amendment is allowed no prejudice will be caused to the respondents.
In spite of service of the copy of this application for amendment upon the municipal authority, none has come on behalf of the municipal authority to oppose the petitioners’ prayer for such amendment.
Accordingly, the application for amendment is allowed.
The petitioners are directed to file amended copy of this writ petition in the concerned department within a week from date.
The petitioners are also directed to re-verify the amended pleadings within a week thereafter.
Let the matter be listed for hearing three weeks hence under the heading “Court Application”.Petitioners are also directed to serve the copy of the amended writ petition upon the respondent and/or their learned Advocate on Record in the meantime.
The application is disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(JYOTIRMAY BHATTACHARYA, J.) sg2