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2021 Supreme(Sikk) 121
HIGH COURT OF SIKKIM
Meenakshi Madan Rai, Bhaskar Raj Pradhan, JJ.
Prashant Sharma - Appellant
Versus
State of Sikkim & Ors. - Respondents
WP(PIL) No. 06 of 2021
Decided On : 11-08-2021
Important Points
Petitioners may withdraw a writ petition if such withdrawal is not objected to by the respondents.
Subject
Civil Law - Writ Petitions
Headnote
(A) Withdrawal of Writ Petition - The petitioners sought to withdraw the writ petition and this was not objected to by the respondents' counsel. The court duly acknowledged the submission. (Para 2)
(B) Disposition - The writ petition was disposed of as withdrawn upon agreement from all parties. (Para 3)
Facts of the case:
The petitioners, through their counsel, expressed a desire to withdraw the writ petition, which was not contested by the state respondents or the senior counsel for another respondent.
Findings of Court:
The court acknowledged the withdrawal of the petition and disposed of the matter accordingly.
Issues: The key issue was whether the petitioners could withdraw their petition without objection from the respondents.
Ratio Decidendi: The court held that since there was no objection from the respondents, the petitioners were allowed to withdraw the writ petition.
Result: Writ Petition disposed of as withdrawn.
(B) Disposition - The writ petition was disposed of as withdrawn upon agreement from all parties. (Para 3)
Facts of the case:
The petitioners, through their counsel, expressed a desire to withdraw the writ petition, which was not contested by the state respondents or the senior counsel for another respondent.
Findings of Court:
The court acknowledged the withdrawal of the petition and disposed of the matter accordingly.
Issues: The key issue was whether the petitioners could withdraw their petition without objection from the respondents.
Ratio Decidendi: The court held that since there was no objection from the respondents, the petitioners were allowed to withdraw the writ petition.
Result: Writ Petition disposed of as withdrawn.
Advocates appeared:
Mr. Hillson Angam, Ms. Mon Maya Subba, Ms. Mingma Lhamu Sherpa, Mr. Dew Kumar Chettri, Advocates, for the Petitioner; Mr. Thinlay Dorjee Bhutia, Government Advocate, Mr. Hissey Gyaltsen, Assistant Government Advocate, for the Respondent Nos. 1, 2, 4, 5; Mr. N. Rai, Senior Advocate, Mr. Passang Tshering Bhutia, Advocate, for the Respondent No. 3
Mr. Hillson Angam, Ms. Mon Maya Subba, Ms. Mingma Lhamu Sherpa, Mr. Dew Kumar Chettri, Advocates, for the Petitioner; Mr. Thinlay Dorjee Bhutia, Government Advocate, Mr. Hissey Gyaltsen, Assistant Government Advocate, for the Respondent Nos. 1, 2, 4, 5; Mr. N. Rai, Senior Advocate, Mr. Passang Tshering Bhutia, Advocate, for the Respondent No. 3
JUDGMENT
Rai, J.:--
After hearing Learned Counsel for the Petitioner for some time, they submit that they seek to withdraw the Petition, which is not objected to by Learned Additional Advocate General for the State-Respondents and Learned Senior Counsel for the Respondent No.3, who are present on advance notice.
The Writ Petition stands disposed of as withdrawn.
