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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Varun Katiyar - Appellant
Versus
Government Of Nct Of Delhi & Ors. - Respondents
Civil Writ Petition No. 9714 of 2021
Decided On : 27-10-2021
Exemption - Writ Petition - The court allowed the exemption from filing attested affidavits due to the prevailing situation but directed the applicant to file duly signed and affirmed affidavits within a week from the date of resumption of regular court functioning.
Fact of the Case:
The petitioner sought relief through a writ petition, but upon hearing the parties, the court noted the similarity of issues with another pending petition and advised the petitioner to implead in the other petition to avoid multiplicity of proceedings. The petitioner then sought to withdraw the present petition with liberty to file an appropriate application for impleadment in the other petition.
Finding of the Court:
The court agreed with the respondent's counsel that multiplicity of proceedings should be avoided to prevent contradictory orders from different benches regarding similar issues. Consequently, the writ petition was disposed of as withdrawn, with liberty as prayed for.
Issues: The main issue was the similarity of issues with another pending petition and the potential for multiplicity of proceedings and contradictory orders.
Ratio Decidendi: The court's decision was influenced by the need to avoid multiplicity of proceedings and contradictory orders by allowing the petitioner to withdraw the present petition with liberty to implead in the other pending petition.
Final Decision: The writ petition was disposed of as withdrawn, with liberty as prayed for by the petitioner.
JUDGMENT
D.N. Patel, CJ. - CM APPL. 29972/2021(Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
CM APPL. 29971/2021(Exemption from filing attested affidavits)
For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week from the date of resumption of regular functioning of the Court.
Application stands disposed of.
W.P.(C) 9714/2021
1. We have heard the Petitioner, who appears in person, as well as learned counsels appearing on behalf of the Respondents.
2. It is submitted by learned counsel appearing on behalf of Respondent No. 2, that the issues similar to ones raised in the present petition, are pending consideration in another writ petition being W.P. (C) No.7726/2021 and the Petitioner can implead himself in the said petition in order to avoid multiplicity of proceedings.
3. We agree with the learned counsel appearing on behalf of Respondent No.2 that multiplicity of proceedings should be avoided as also to prevent contradictory orders coming from different Benches regarding similar issues. Faced with this, the Petitioner seeks to withdraw the present petition, with liberty to file an appropriate application for impleadment in W.P. (C) No.7726/2021.
4. Accordingly, the writ petition is hereby disposed of as withdrawn, with liberty as prayed for.
The central legal point established in the judgment is the court's emphasis on avoiding multiplicity of proceedings and contradictory orders by allowing the withdrawal of the present petition with li....
The court has the discretion to allow exemption from filing attested affidavit and can direct the concerned authorities to look into the representation submitted by the Petitioner, granting liberty t....
An appeal can be withdrawn unconditionally without affecting the rights and contentions before the lower court.
Petitioner has the right to have their representation decided by authorities, with the court affirming legal recourse for any grievances.
A writ petition may be withdrawn by a petitioner with liberty to pursue other legal remedies available, especially when prior proceedings were withdrawn appropriately.
The court allowed the withdrawal of the writ petition with liberty to file a fresh petition with proper averments and supporting documents.
The court affirms the role of timely administrative decisions in cooperative matters, allowing petitions to seek resolutions rather than solely quashing administrative actions.
The court has the discretion to allow the withdrawal of a writ petition based on the applicant-petitioner's request.
Non-disclosure of a pending writ petition in a new affidavit can lead to dismissal without liberty to refile on the same cause of action.
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