NASIM AKHTAR KHAN Vs. BASIC SHIKSHA ADHIKARI GHAZIPUR

JUDGEMENT

(1.) V. N. Khare, J. This Special Appeal arises out of order and judgment of learned Single Judge dated 4th February, 1994, dismissing the writ peti tion filed by the appellant. Before the learned Single Judge one of the grounds raised was that the appellant was not afforded any opportunity before the impugned order was passed and, as such, the impugned order is illegal and void. Learned Single Judge rejected the writ petition on the ground that paragraph No. 14 of the writ petition wherein the allegation about the lack of opportunity has been pleaded was not verified on personal knowledge but on the best of legal advice. In ground No. 2 it is stated that a request was made before the learned Single Judge that the appellant be permitted to amend the verification clause but no opportunity was given. In Dwarka Nath v. Income-lax Officer, Special Circle, 'd' Ward Kanpur and another, AIR 1966 SC 81. It was held that if any verification clause is defective an opportunity ought to be given to the petitioner to amend the said verification clause and the petition cannot be dismissed straightway on the ground of wrong verification. In view of the law laid down by the Supreme Court, the view taken by learn ed Single Judge in rejecting the petition of the petitioner on the ground that paragraph No. 14 of the writ petition was verified on the basis of legal advice is not correct. Learned Single Judge ought to have given an opportunity to appellant to amend the verification clause. It goes without saying that if the petitioner fails to amend the verification clause it is open to the Court to dismiss the petition on the ground of wrong verification.

(2.) IN view of above, this Special Appeal succeeds and is allowed. The order and judgment of learned Single Judge dated 4-2-94 is set aside. The case is sent back to the learned Single Judge for deciding the writ petition on merit. Appeal allowed. .