1. Learned advocate for the petitioner seeks to amend the petition so as to implead the concerned officer by his name (i.e. the petitioner wants to implead not only the office held by the said officer - as has been presently done - but also the person / officer) since the petitioner seeks relief against the concerned officer for the alleged lapse committed by him in complying the obligation imposed by the Act. Mr. Champaneri, learned Senior Counsel submitted that in view of the relief claimed it is necessary that not only the office but the concerned officer is impleaded, by his name, as party respondent.
2. The incumbent officer has filed affidavit stating that at the relevant time he was not in-charge of the office and that therefore any direction against him may not be passed.
The petitioner has, therefore, requested for permission to amend the petition. For the said purpose the petitioner will have to take out appropriate application, hence the learned advocate for the petitioner requested for time to take out appropriate application.
3. Since pursuant to Notice any reply is not filed, the request as prayed for is granted.
S.O.
to 25.7.2012.
(K.M.THAKER,J.) Suresh* Top