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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Kiran Tandon - Appellant
Versus
State of NCT (Delhi) - Respondent
W.P.(C) 8982 of 2021
Decided On : 25-08-2021
| Table of Content |
|---|
| 1. writ petition challenges previous order. (Para 4) |
| 2. defendants argue petition is impermissible. (Para 5) |
| 3. petitioner seeks to withdraw writ petition. (Para 6) |
| 4. permission granted; petition disposed of. (Para 7 , 8) |
JUDGMENT
D.N.Patel, CJ. (ORAL)--Proceedings have been conducted through video conferencing.
CM No. 27947/2021 (Exemption from filing attested affidavit)
2. 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 affidavit within a period of one week from the date of resumption of regular functioning of the Court.
3. Application is disposed of.
W.P.(C) 8982/2021
4. Present writ petition has been filed for quashing of the order dated 20.05.2016 passed by Respondent No.2/RCS.
5. Learned counsel appearing on behalf of Respondents No.1 and 2, at the outset, draws the attention of the Court to the order dated 20.05.2016 to point out that the husband of the Petitioner had appeared before the Competent Authority on the said date and had withdrawn the case with liberty to file a fresh case when the relevant documents would be available. On his statement, the appeal was disposed of as withdrawn. Learned counsel also points out to a letter dated 04/06.07.2016 addressed by the Petitioner to the concerned Registrar wherein she had categorically stated that she was in the process of re-filing the appeal. It is argued that without filing the appeal, in terms of the liberty sought, the present writ petition has been filed, assailing the order dated 20.05.2016, which is impermissible in law. Objection is also taken to the maintainability of the writ petition on the ground of delay and latches.
6. Faced with the above, Mr. Piyush Singh, learned counsel appearing on behalf of the Petitioner, after canvassing some arguments, seeks permission to withdraw the present writ petition, with liberty to resort to appropriate remedies available in law.
7. Permission as prayed for is granted.
8. Writ petition is disposed of as withdrawn, with liberty as prayed for.
A writ petition may be withdrawn by a petitioner with liberty to pursue other legal remedies available, especially when prior proceedings were withdrawn appropriately.
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.
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 exemption from filing attested affidavit and can direct the concerned authorities to look into the representation submitted by the Petitioner, granting liberty t....
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 condoned a 61-day delay in filing an application and allowed the petitioner to present evidence to facilitate an expeditious resolution of the case.
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.
The court directed that departmental proceedings may continue during the pendency of a writ petition in the absence of a specific stay, while mandating the exchange of concise written submissions to ....
The court emphasized avoiding hyper-technical objections in favor of substantive justice, directing the Family Court to hear the urgent application on merits.
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