- (1.) I.A. No.1380 of 2012 1. In this I.A. the petitioner has prayed for addition of some prayers and amendment of the writ petition. It has been submitted that certain facts which were not available at the time of filing of the writ petition, which were relevant for the purpose of the writ petition are necessary to be brought on record. The petitioner has assailed the order of rescinding the agreement regarding widening and strengthening of 'Kowar-Koderma Road'. The petitioner has already done substantial work on the road and suddenly his agreement was rescinded to the great prejudice to the petitioner. The respondents have not stopped there rather they have proceeded to allot the work by issuing a fresh tender through public notice during pendency of the writ petition. These facts are necessary to be brought on record for complete and effective adjudication of the case and for sorting out the controversies between the parties.
(2.) In view of the above, the proposed amendment is required to be made in the writ petition. The amendment prayed for is based on the same factual foundation as made in the writ petition and it does not change the nature of the writ petition. The amendment is also required in order to avoid multiplicity of the litigation between the parties for almost same case.
(3.) The respondents have contested the petitioner's prayer for amendment on the ground, inter alia, that the facts, which are intended to be brought on record by way of amendment, were available on the date, when the writ petition was filed. There was negligence on the part of the petitioner in not bringing those facts in the writ petition.;