Case Note & Summary
The petitioner, Pradip Ballkrishna Ingale, filed a writ petition before the Bombay High Court. The learned counsel for the petitioner expressed a wish to withdraw the petition in order to approach a court of competent jurisdiction. The court permitted the withdrawal, granting the petitioner three weeks to file a fresh writ petition before the appropriate court. The ad interim order that had been granted on 16.12.2004 was directed to continue for a further period of three weeks from the date of the order. No further directions were given, and the writ petition was disposed of accordingly.
Headnote
A) Civil Procedure - Withdrawal of Petition - Liberty to File Fresh Petition - Petitioner sought withdrawal of writ petition to approach court of competent jurisdiction - Court permitted withdrawal with liberty to file fresh petition within three weeks - Held that ad interim order granted earlier shall continue for three weeks from date of order (Paras 1-2).
Issue of Consideration
Whether the petitioner should be permitted to withdraw the writ petition and approach the appropriate court.
Final Decision
The writ petition is disposed of as withdrawn with liberty to file a fresh petition before the appropriate court within three weeks. The ad interim order granted on 16.12.2004 shall continue for a further period of three weeks from today.
Law Points
- Withdrawal of petition
- liberty to file fresh petition
- continuation of interim order
Case Details
2005 LawText (BOM) (01) 13
Writ Petition No.9840 of 2004
Dalveer Bhandari, C.J., S.A. Bobde, J.
Mr. R.K. Mendadkar for the petitioner, Mr. C.R. Sonawane, Asstt. Govt. Pleader for the respondents
Pradip Ballkrishna Ingale
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India
Remedy Sought
Petitioner sought to withdraw the petition to approach a court of competent jurisdiction
Previous Decisions
Ad interim order granted on 16.12.2004
Issues
Whether the petitioner should be permitted to withdraw the writ petition and approach the appropriate court.
Submissions/Arguments
Counsel for petitioner submitted that he wishes to withdraw the petition to approach the court of competent jurisdiction and would file a writ petition before the appropriate court within three weeks.
Ratio Decidendi
A petitioner is entitled to withdraw a petition with liberty to approach the appropriate court, and the court may continue interim protection for a reasonable period to enable the petitioner to seek relief from the competent court.
Judgment Excerpts
The learned counsel for the petitioner wishes to withdraw this Petition in order to approach the Court of competent jurisdiction.
The ad interim order granted to the petitioner on 16.12.2004 shall continue for a further period of three weeks from today.
Procedural History
The petitioner filed Writ Petition No.9840 of 2004 before the Bombay High Court. An ad interim order was granted on 16.12.2004. On 24.01.2005, the petitioner sought withdrawal of the petition to approach a court of competent jurisdiction. The court permitted withdrawal and continued the interim order for three weeks.
