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2021 Supreme(Sikk) 106
HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J.
Hari Prasad Thapa (Manger) & Ors. - Appellants
Versus
Controller of Examinations & Ors. - Respondents
W.P.(C) No. 74 of 2017
Decided On : 24-07-2021
Important Points
A petition can be withdrawn if the petitioners attain the relief sought, with no objection from the opposing party.
Subject
Administrative Law - Writ Petitions
Headnote
(A) Administrative Law - Withdrawal of Petition - Petitioners, having been appointed to the desired posts, sought to withdraw their writ petition. Respondents raised no objection to the withdrawal. (Para 2)
(B) Court's authority - The court is considering whether to permit the withdrawal of the petition based on the circumstances presented. (Para 3)
Findings of Court:
The writ petition is disposed of as withdrawn.
Issues: Whether the petitioners can withdraw their petition upon securing the desired appointments.
Ratio Decidendi: The court found no objection from the respondents regarding the withdrawal and thus permitted the petitioners to do so.
Result: Writ petition disposed of as withdrawn.
(B) Court's authority - The court is considering whether to permit the withdrawal of the petition based on the circumstances presented. (Para 3)
Findings of Court:
The writ petition is disposed of as withdrawn.
Issues: Whether the petitioners can withdraw their petition upon securing the desired appointments.
Ratio Decidendi: The court found no objection from the respondents regarding the withdrawal and thus permitted the petitioners to do so.
Result: Writ petition disposed of as withdrawn.
Advocates appeared:
Mr. A. Moulik, Senior Advocate, Ms. K.D. Bhutia, Advocate, for the Petitioner; Dr. Doma T. Bhutia, Additional Advocate General, Mr. S.K. Chettri, Government Advocate, for the Respondent Nos. 1 to 4; Mr. Zigmee Bhutia, Advocate (Standing Counsel), for the Education Department; Mr. A.K. Upadhyaya, Senior Advocate, Ms. Rachhitta Rai, Advocate, for the Respondent Nos. 5 to 14
Mr. A. Moulik, Senior Advocate, Ms. K.D. Bhutia, Advocate, for the Petitioner; Dr. Doma T. Bhutia, Additional Advocate General, Mr. S.K. Chettri, Government Advocate, for the Respondent Nos. 1 to 4; Mr. Zigmee Bhutia, Advocate (Standing Counsel), for the Education Department; Mr. A.K. Upadhyaya, Senior Advocate, Ms. Rachhitta Rai, Advocate, for the Respondent Nos. 5 to 14
JUDGMENT
Learned Senior Counsel Mr. A. Moulik submits today that the Petitioners have now been appointed in the posts sought and they do not seek to press the instant Petition. That, in view of the said circumstance, he may be permitted to withdraw the Petition.
Learned Counsel for the Respondents have no objection to the prayer for withdrawal.
Considered.
W.P.(C) No.74 of 2017 accordingly stands disposed of as withdrawn.
