The prerogative of a party to withdraw its petition, but reservations about allowing a change of stand and advancing arguments exactly opposite to earlier submissions.

Order

1. Hearing concluded. Judgment reserved. Written submissions may be filed by the parties within two weeks.

2. The learned Senior Counsel, Mr. Jaydeep Gupta, appearing for the State of Rajasthan, which was earlier represented by the learned Attorney General, had already advanced and concluded his arguments. However, the petitioner State has now filed an application for withdrawal of the special leave petitions filed by the State of Rajasthan and in view of the averments made therein, has sought permission to withdraw these petitions.

3. We see no reason to decline this request, as it is essentially the prerogative of the party to press or withdraw his petition(s) and, therefore, this Court would not come in the way of permitting the State of Rajasthan to withdraw these petitions. The special leave petitions, therefore, are dismissed as withdrawn in view of the request made.

4. However, in spite of withdrawal of the special leave petitions, if the petitioner State is taking a diametrically opposite stand which it had taken before the High Court as also before this Court when the arguments were concluded, we surely have reservations in permitting the learned Senior Counsel to take an opposite stand now and advance arguments exactly the opposite of what was submitted in the High Court as also before this Court through the earlier counsel being the Attorney General.

5. However, the learned Senior Counsel submitted that the State is a respondent in other special leave petitions also which have been preferred by the other petitioners and, therefore, as a respondent therein, they are eligible to advance their arguments.

6. There is no doubt that the impleaded respondent may advance his arguments before the Court as he has been impleaded as a party-respondent but under the garb of advancing arguments a stand which was taken before the High Court earlier is changed at the stage of special leave petition, cannot be permitted especially when the counsel, as already stated, has withdrawn the special leave petitions preferred by the State.

He may, however, advance submissions as a respondent in other matters, which he is at liberty to make within a period of two weeks, which however, shall be subject to its acceptance.