MANIRUL HAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 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.) 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.