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2014 Supreme(MP) 185

RAJENDRA MENON, A.K.SHARMA
Hindustan Copper Limited – Appellant
Versus
State of M. P. – Respondent


Advocates:
R. K. Sanghi for appellant; Rahul Jain, Deputy Advocate General for respondents/State; Ku. C.V. Rao for respondent No.2.

ORDER

1. This writ appeal has been filed under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 calling in question an order dated 3.9.2013 passed by the writ Court in W.P. No.1175/2011 by which an interlocutory application filed in the writ petition being I.A. No.12350/2013 for amendment in the writ petition was dismissed.

2. As this is an appeal under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, a preliminary objection has been raised by the respondents to the effect that a writ appeal is not maintainable, it is said that appeal is only maintainable against the final determination made in the writ petition, against an interlocutory order passed in a pending proceedings, a writ appeal is not maintainable. That being so we are propose to deal with the aforesaid preliminary objection first.

3. Before adverting to consider the same, the facts in nutshell may be taken note of. The petitioner claims to be a public sector undertaking having its work and establishment in Malajkhand District- Balaghat. It is stated that in the year 2005-06 the respondent No. 2 Municipal Council, Malajkhand, enhanced the municip











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