SUJIT NARAYAN PRASAD,J. - (1.) Mr. Shankar Lal Agarwal, learned counsel for the petitioner submits that before entering the issue involved in this writ petition appropriate order may be passed in I.A. No. 6509 of 2019 which has been filed for seeking amendment in the prayer portion of the writ petition to the effect to grant leave to the petitioner to incorporate the prayer as has been described at paragraph - 3 of the instant interlocutory application which reads hereunder as: - 3. That in view of the aforesaid objections, it has become necessary to amend the writ petition in the following manner: (i) At page 3 after Serial No. 6, the following party may be added as Respondent No. 7: 'Jharkhand State Electricity Regulatory Commission having its office at 3rd Floor, Sainik Bhawan, Main Road, P.O. and P.S. Hindpiri, District-Ranchi.' (ii) Further at page 4 after completion of paragraph 1, Paragraph 1A may be inserted in the following manner: 'Para-1A. For issuance of appropriate Writ/order/direction from this Hon'ble Court for a declaration that Regulation 5.3.3 of Jharkhand Electricity Supply Regulation, 2015 is ultra vires to Section 55(1)(g) of the Transfer of Property Act as the liability to pay all public charges is upon the seller and contrary to that the Regulation has casted a duty upon the purchaser to verify the dues and also ultra vires to provisions of the Indian Electricity Act, 2003'; (iii) That likewise in the prayer portion of the writ petition at page 21 after the completion of prayer 1, the following prayer may be added as Para-1A- 'Your Lordships may graciously be pleased to issue and appropriate Writ/order/direction from this Hon'ble Court for a declaration that Regulation 5.3.3 of Jharkhand Electricity Supply Regulation, 2015 is ultra vires to Section 55(1)(g) of the Transfer of Property Act as the liability to pay all public charges is upon the seller and contrary to that the Regulation has casted a duty upon the purchaser to verify the dues and also ultra vires to provisions of the Indian Electricity Act, 2003';
(2.) It has been contended by learned counsel for the petitioner that the provision made under Regulation 5.3.3 of the Jharkhand Electricity Supply Regulation, 2015 is ultra vires to Section 55(1)(g) of the Transfer of Property Act as the liability to pay all public charges is upon the seller and contrary to that the Regulation has casted a duty upon the purchaser to verify the dues and also ultra vires to provisions of the Indian Electricity Act, 2003.
(3.) This Court, before delving into the merit of the interlocutory application, wants to deal with the scope and object of the amendment to be incorporated in the writ petition.;