IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No.128 of 2010 Date of decision :27.04.2010 M/s.International Angora Breeding Farm … …Petitioner Versus Collector-cum-DFO, Kullu … …Respondent Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 No. For the petitioner: Mr.R.L. Sood, Senior Advocate with Mr.Vikas Rajput, Advocate. For the respondent: Ms.Ruma Kaushik, Additional Advocate General. Dev Darshan Sud, J. The petitioner is aggrieved by the order Annexure-PD by which his application for amendment of the reply has been rejected by the Collector-cum- Divisional Forest Officer, Kullu holding that the grounds now urged were already part of previous proceedings before various authorities and the petitioner seeks delaying the proceedings pending against him. This is not a sound reason in law for rejection of the amendment application. The 1 Whether Reporters of Local Papers are allowed to see the judgment? Yes. 2 petitioner, who is the respondent before the Collector, has pleaded number of grounds stating that the petition for eviction is not maintainable for the reasons as pleaded therein. There is nothing on the record to show that these grounds, when urged in previous proceedings, were adjudicated to have attained finality and cannot be allowed to be urged in these proceedings. Moreover, even if that be so, that requires a detailed examination and a finding given on each objection raised. The order, to say the least, is non-speaking order and cannot be sustained. The Collector should have been aware of the fact that mere amendment of the pleadings does not prove the case of a party and has to be established by substantive evidence. This petition is accordingly allowed. Annexure-PD is quashed and set aside. The amendments prayed for are directed to be incorporated in the reply filed by the petitioner before the Collector. It will be open to the petitioner to place on record such other or further documents etc. in accordance with law in order to substantiate its case. It will also be open to the respondent to place on record such material including pleadings in support of its case. No order as to costs. April 27, 2010. (Dev Darshan Sud) (aks) Judge.