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2018 Supreme(Jhk) 2281
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, J.
Anil Kumar Choudhary - Appellant
Versus
State Of Jharkhand & Ors. - Respondent
W.P. (S) No. 6797 of 2011
Decided On : 11-06-2018
The court may permit the withdrawal of a writ petition if there is a pending writ petition before the Division Bench of the Court.
Headnote:
Withdrawal of Writ Petition - Pendency of Another Writ Petition - The court permitted the withdrawal of the writ petition due to the pendency of another writ petition before the Division Bench of the Court.
Fact of the Case:
The petitioner sought to withdraw the writ petition due to the pendency of another L.P.A. No.543 of 2017 before the Division Bench of the Court.
Finding of the Court:
The court permitted the withdrawal of the writ petition despite opposition from the State counsel, considering the pendency of L.P.A. No.543 of 2017.
Issues: Pendency of Another Writ Petition, Permission to Withdraw Writ Petition
Ratio Decidendi: The court's decision was influenced by the pendency of another writ petition before the Division Bench of the Court, allowing the withdrawal of the present writ petition.
Final Decision: The writ petition was permitted to be withdrawn in view of the pendency of L.P.A. No.543 of 2017.
JUDGMENT
Shree Chandrashekhar, J. – Dr. Shree Krishna Pandey, the learned counsel for the petitioner submits that in view of pendency of L.P.A. No.543 of 2017 before the Hon''ble Division Bench of this Court, he has instructions to withdraw the writ petition.
2. This prayer is opposed by Mr. Nikhil Ranjan, the learned State counsel on the ground that the petitioner without disclosing filing of another writ petition has sought directions from this Court.
3. Be that as it may, in view of pendency of L.P.A. No.543 of 2017, this writ petition is permitted to be withdrawn.
Ordered accordingly.
