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2025 DAILYLAW 3075 (JHR)

SUSHIL KUMAR MISHRA v. THE STATE OF JHARKHAND

WPC/1109/2025 · 2025-09-16

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:28299 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1109 of 2025 ----- 1.Sushil Kumar Mishra, S/o Late Pushkar Mishra, R/o Village Chihutiya, P.O. Nonihat, P.S. Hansdiha, District Dumka, Jharkhand 2.Paresh Kumar Rajak, S/o Malindra Lal Rajak, R/o Village Parshimla, P.O. Parudih, P.S. Dumka (M), District Dumka, Jharkhand 3.Samir Kumar Gupta, S/o Sri Murlidhar Sah, R/o Saraiyahat, P.O. and P.S. Saraiyahat, District Dumka, Jharkhand .... Petitioner(s). Versus 1.The State of Jharkhand 2.The Secretary, Agriculture and Animal Husbandry Department, Government of Jharkhand 3.The Director, Agriculture and Sugarcane Development Department, Government of Jharkhand 4. The Deputy Commissioner, Dumka 5.The Deputy Development Commissioner- cum-Chief Executive Officer, Zila Parishad, Dumka, P.O. and P.s. Dumka, District Dumka, Jharkhand 6.The District Accounts Officer, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Durga C. Mishra, Advocate For the State : Mr. Kishore Kr. Singh, SC-V Mr. Krishna Prajapati, AC to SC-V For the Zila Parishad : Mr. Krishna Murari, Advocate …...... 04/ 16.09.2025: Initially this writ petition was filed praying for the 2nd MACP. Now during pendency of this writ petition, 2nd MACP was granted, but at a lower scale and also the scale of 1st ACP has been changed. The petitioner thus, wants to file interlocutory application praying for amendment of the writ petition. 2. In my opinion, the subsequent action of the respondents during pendency of this writ petition is the separate cause of action as 2nd MACP has already been granted to the petitioner which was sought for in this writ petition, but in a lower scale. 3. It is also the case that scale of 1st ACP has also been changed. This is also a fresh cause of action. The entire writ petition and the prayer, the ground and everything has to be changed, thus the same cannot be done by filing an amendment application. The petitioner should file a fresh writ petition as it is separate and fresh cause of action. 4. With the aforesaid liberty, the instant writ petition stands disposed of. 5. I.A. No.3914 of 2025 stands dismissed. (ANANDA SEN, J.) 16th September, 2025 R.S./