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2023 Supreme(Tri) 10

HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Swapna Debnath - Appellant
Versus
State of Tripura & Ors.. - Respondent
Writ Petition (C) 67 of 2023
Decided On : 07-02-2023

Advocates appeared:
Somik Deb, Advocate, T. Debbarma, Advocate, D. Bhattacharjee, Advocate, S. Saha, Advocate

The court upheld prior rulings, allowing withdrawal of a similar writ petition while preserving the petitioner's right to challenge future selections if aggrieved.

Headnote:(A) Writ Petition - Subject matter covered by prior decision of the court - The court ordered the respondents to recast the select list concerning the Bengali subject as given in WP

(C) No.21 of 2023 - Similar relief sought in the instant petition - The petitioner was allowed to withdraw the petition with liberty to approach the court if aggrieved by the selection process. (Paras 2, 3)

Findings of Court:
The petition was disposed of as withdrawn, allowing the petitioner to seek further recourse if required.

Issues: Whether the current writ petition mirrors the earlier decision and the legal implications of such a withdrawal.

Ratio Decidendi: The court recognized that the instant petition is directly related to previous rulings affecting the selection process, necessitating withdrawal without prejudice.

Result: Writ petition stands disposed as withdrawn.

Table of Content
1. recourse to past decision on similar matter. (Para 1 , 2)
2. withdrawal of petition provides for future recourse. (Para 3 , 4)

JUDGMENT

Arindam Lodh, J. - Heard Mr. Somik Deb, learned senior counsel assisted by Mr. T. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. D. Bhattacharjee, learned G.A. assisted by Mr. S. Saha, learned counsel appearing for the respondents-State.

2. The subject matter of the instant writ petition is squarely covered by a decision of this court passed in WP(C) No.21 of 2023, where the court directed the respondents to recast/rearrange the select list as regards to Bengali subject. The instant writ petition also relates to Bengali subject and similar prayer has been made in this writ petition.

3. In view of the direction passed in WP(C) No.21 of 2023, Mr. Deb learned senior counsel has not pressed this petition.

4. Accordingly, the instant writ petition stands disposed as withdrawn with liberty to the petitioner to approach the court, if he is aggrieved of the selection process.

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