Narendra Nath Tiwari, J. - (1.) In this interlocutory application the petitioner have prayed for addition of the prayer in the writ petition for quashing the order dated 30-10-07 passed in Encroachment Case No. 03/2003-04 by the respondent No. 2 whereby the Sub-divisional Officer, Nagar Untari, Garhwa in purported exercise of jurisdiction under Sections 5(i)(c) and 6(i)(c) of the Jharkhand Land Encroachment Act has directed the petitioners to remove the encroachment from the land in question or to get the settlement regularised by making good the loss caused to the State by the alleged encroachment as per the audit report of the Accountant General (Audit), Jharkhand in S.R.A. 223/2005-06. It has been stated that during the pendency of this writ petition, the respondents have passed the final order in the said case whereby the petitioners' reply has been rejected and they have been asked to remove the alleged encroachment from the land in question. Addition of the said prayer in such circumstance is necessary for effective adjudication of all the controversies between the parties and in order to avoid the multiplicity of proceedings between the same parties. The proposed amendment is based on the same factual foundation as has been stated in the writ petition. If the proposed amendment is allowed, the same would not change the nature and character of the writ petition.
(2.) Reply has been filed on behalf of the State-respondents contesting the petitioners' said prayer. It has been submitted that the said order has been passed during the pendency of the writ petition and it gives rise to a different cause of action. The petitioners can file a separate writ petition on the said subsequent cause of action.
(3.) I have heard learned counsel for the parties. The amendment prayed for is intended to bring on record the subsequent event and to add the required prayer so that all the controversies between the parties can be adjudicated upon and settled in this writ petition. The proposed amendment is based on the same factual backgrounds. If the proposed amendment is allowed, the same would not go to change the nature and character of the writ petition. The proposed amendment is also desirable in order to avoid the multiplicity of proceedings between the same parties.;