Delhi High Court - Orders
Sunil Kumar Mishra vs Union Of India And Ors on 11 January, 2022
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~39 & 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11719/2021 & CM APPL.1606/2022
SUNIL KUMAR MISHRA ..... Petitioner
Through Mr.Sataarth Sinha, Adv.for
Mr.Abhaby Kumar Bhargava, Adv.
versus
UNION OF INDIA AND ORS ..... Respondents
Through Ms. Amrita Prakash, CGSC
+ W.P.(C) 13020/2021
SUNIL KUMAR MISHRA ..... Petitioner
Through Mr.Sataarth Sinha, Adv. for
Mr.Abhaby Kumar Bhargava, Adv.
versus
UNION OF INDIA & ORS ..... Respondents
Through Ms. Amrita Prakash, CGSC
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 11.01.2022 The hearing has been done by way of video conferencing.
Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.01.2022 14:22:48CM APPL. 1605/2022 in W.P.(C) 11719/2021 CM APPL. 1709/2022 in W.P.(C) 13020/2021 Present applications have been filed by the petitioner seeking recall/modification of the orders dated 27th October 2021 and 18th November 2021 passed by this Court in W.P(C) 11719/2021 and W.P.(C)13020/2021 respectively. Petitioner also seeks liberty to file a fresh writ petition.
Learned counsel for the Petitioner/applicant states that W.P.(C)- 11719/2021 and W.P.(C)-13020/2021 were withdrawn by the Petitioner on account of discrepancies in the documents. He points out that the Petitioner was under bona-fide belief that he will be permitted to file a fresh writ petition since the Petitions were withdrawn without any argument on merits.
He states that the Petitioner preferred a fresh writ petition, being W.P.(C)13789/2021, however, the Court pointed out the petitioner that the fresh petition would not be maintainable as liberty was not granted to the Petitioner to file a fresh writ petition vide impugned orders dated 27th October, 2021 and 18th November, 2021 passed in W.P.(C)11719/2021 and W.P.(C)13020/2021 respectively.
Learned Counsel, in these circumstances, prays that the orders dated 27th October, 2021 and 18th November, 2021 passed in W.P.(C)11719/2021 and W.P.(C) 13020/2021 respectively be recalled or modified to the extent that liberty be granted to the Petitioner to file a fresh writ petition on the same cause of action.
Issue notice. Ms. Amrita Prakash, Advocate accepts notice on behalf of the non-applicants/respondents.
She states that she has no objection to the present applications being allowed.
Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.01.2022 14:22:48Accordingly, the present applications are allowed. The orders dated 27th October, 2021 and 18th November, 2021 are recalled and they shall now read as under :-
"The petition has been heard by way of video conferencing. Learned counsel for the petitioner wishes to withdraw the present writ petition with liberty to file a fresh writ petition on the same cause of action.
With the aforesaid liberty, the present writ petition is dismissed as withdrawn.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail."
Applications stand disposed of.
MANMOHAN, J NAVIN CHAWLA, J JANUARY 11, 2022 AS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.01.2022 14:22:48