High Court Allows Writ Petition and Dismisses Another Due to Unsustainable Grounds. Legal Agreement Between Parties Led to Allowance of One Petition While the Other Was Dismissed for Lack of Merit.

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Case Note & Summary

The judgment pertained to two writ petitions, WPMS No. 3350 of 2001 and WPMS No. 7614 of 2001, which were heard by Hon’ble P.C. Verma, J. The parties involved were represented by learned counsel, Sri Manoj Tewari for the petitioner and Sri Gopal Narain for the respondent No. 2. During the proceedings, both counsels agreed that the writ petition No. 3350 (M/S) of 2001 was legally liable to be allowed. Consequently, the court accepted this agreement and allowed the writ petition. Conversely, the grounds for challenge in writ petition No. 7614 (M/S) of 2001 were found to be unsustainable under law, leading to its dismissal. The judgment was delivered on 04.09.2003.

Headnote

A) Writ Jurisdiction - Allowance of Writ Petition - Writ Petition No. 3350 (M/S) of 2001 allowed - Both parties agreed that the petition is liable to be allowed under law - Court accepted the agreement and allowed the writ petition. (Paras Not mentioned).

B) Writ Jurisdiction - Dismissal of Writ Petition - Writ Petition No. 7614 (M/S) of 2001 dismissed - Grounds of challenge under law could not sustain, leading to dismissal of the petition. (Paras Not mentioned).

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Issue of Consideration

Whether the writ petition No. 3350 (M/S) of 2001 should be allowed and writ petition No. 7614 (M/S) of 2001 should be dismissed.

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Final Decision

Writ petition No. 3350 (M/S) of 2001 was allowed, while writ petition No. 7614 (M/S) of 2001 was dismissed.

Law Points

  • Writ jurisdiction
  • grounds for dismissal
  • legal agreement between parties
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Case Details

WPMS No. 3350 of 2001 (Old No. 15969 of 1997)

2003-09-04

P.C. Verma

Manoj Tewari, Gopal Narain

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Nature of Litigation

Writ petitions concerning legal challenges

Remedy Sought

Petitioner sought allowance of writ petition No. 3350 (M/S) of 2001

Issues

Whether the writ petition No. 3350 (M/S) of 2001 should be allowed Whether the writ petition No. 7614 (M/S) of 2001 should be dismissed

Submissions/Arguments

Both parties agreed that writ petition No. 3350 (M/S) of 2001 is liable to be allowed Grounds of challenge in writ petition No. 7614 (M/S) of 2001 could not sustain

Ratio Decidendi

The court upheld the legal agreement between the parties regarding the allowance of one writ petition while dismissing another due to unsustainable grounds.

Judgment Excerpts

Both the learned counsel for the parties agree that legally the writ petition No.3350 (M/S) of 2001 is liable to be allowed and it may be allowed. The grounds of challenge in W.P.No. 7614 (M/S) of 2001 under law cannot sustain and the petition cannot succeed in the facts and circumstance of the case.

Procedural History

The case involved the hearing of two writ petitions, with the court considering the arguments presented by both parties.

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