Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against an order of the High Court dated 10-9-1969 by which the High Court in the L.P.A. against the order of single Judge upheld the order and dismissed the appeal. It may be mentioned here that when the writ appeal was pending before the High Court, the writ petitioner who is now respondent No. 1, had filed an application to the Court praying that he would like to withdraw the writ petition itself in order to avoid public inconvenience. This application was filed on affidavit on 5-8-1969 and the relevant portion of the application may be extracted thus :

"In order to avoid public inconvenience and with a view not to disturb the existing plying of the vehicle on the route Lingagasamudram to Ongole, I intend to withdraw the writ petition since I ceased to have any interest in the subject matter in issue.

I, therefore, crave leave to withdraw the Writ Petition No. 390/66 and the same may be granted."

Despite this clear prayer made by the respondent, the High Court did not allow the respondent to withdraw the writ petition but proceeded to hear the appeal on merits and dismissed the appeal maintaining the order of the sing