Punjab-Haryana High Court
Rakesh Chadha And Others vs Union Of India And Others on 4 September, 2012
Author: Hemant Gupta
Bench: Hemant Gupta, Rajiv Narain Raina
LPA No.1337 of 2012 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.1337 of 2012 (O&M)
Date of Decision: 04.09.2012
Rakesh Chadha and others .....Appellants
Versus
Union of India and others ..... Respondents
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Sameer Sachdeva, Advocate,
for the appellants.
HEMANT GUPTA, J.
CM No.3540 of 2012 This is an application for condonation of delay of 45 days in re- filing the appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 45 days in re-filing the appeal is condoned. CM No.3542 of 2012 This is an application for condonation of delay of 337 days in filing the appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 337 days in filing the appeal is condoned. LPA No.1337 of 2012
The present appeal under Clause X of the Letters Patent arising out of an order passed by the learned Single Judge of this Court on 27.5.2011 whereby the appellants have withdrawn the writ petition with a prayer to seek clarification by filing appropriate petition before the Hon'ble LPA No.1337 of 2012 (O&M) -2- Supreme Court.
Learned counsel for the appellants points out that the appellants have filed an application for permission to withdraw the statement of withdrawing the writ petition but the said application was also withdrawn on 08.05.2012. It is contended that the withdrawal of the writ petition was in view of the observations made by the learned Single Judge. Therefore, the appellants have a right to invoke the jurisdiction of this Court in an intra Court appeal.
We have heard learned counsel for the appellants and do not find any merit in the present appeal. The appellants have withdrawn the writ petition with a prayer to seek clarification by filing appropriate petition before the Hon'ble Supreme Court. Even application for withdrawal of the statement has been withdrawn by the appellants.
Once the writ petition has been withdrawn, the present appeal is not maintainable as there is no decision by the learned Single Bench which can be impugned by the appellants in the appeal.
Dismissed.
(HEMANT GUPTA) JUDGE (RAJIV NARAIN RAINA) 04.09.2012 JUDGE manju