Bodoland Security Services vs. The Union Of INDIA And 3 Ors

Facts

The petitioner, Bodoland Security Services, through its authorized signatory, filed an interlocutory application seeking amendment of pleadings and to bring an order dated April 29, 2024, on record. This order was passed subsequent to the filing of the connected writ petition, thereby creating an additional cause of action. The respondents, represented by the learned Standing Counsel for GST, stated they had no objection to the amendment being allowed. The Court considered the materials on record, including the pleadings in the connected writ petition, and noted that allowing the amendment would avoid multiplicity of writ petitions.

Held

The Court allowed the interlocutory application for amendment of pleadings and to bring the order dated April 29, 2024, on record. The reasoning was primarily procedural: to avoid multiplicity of writ petitions. The Court found that the order in question was passed after the initial writ petition was filed, thus giving rise to an additional cause of action. By allowing the amendment, the Court aimed to consolidate the issues and provide a single platform for adjudication, thereby streamlining the legal process. The operative direction was for the learned counsel for the applicant/petitioner to furnish an amended cause title to the Registry within three days, with an advance copy to the respondents' counsel. The Registry was then directed to take necessary action.

Key Issues

1. Whether the amendment of pleadings and the inclusion of an order dated April 29, 2024, should be allowed to avoid multiplicity of writ petitions. This issue turns on the procedural rules governing the amendment of pleadings in writ proceedings. The petitioner argued that the subsequent order created an additional cause of action and that allowing the amendment would be a more efficient way to address the grievances rather than filing a fresh writ petition. The respondents, representing the GST authorities, did not contest the application and indicated no objection to the amendment being allowed.