Facts of the Case

The petitioner, Ritu Jain, had earlier filed a writ petition before the Delhi High Court. During the proceedings dated 30.05.2023, counsel for the petitioner submitted before the Court that she had instructions to withdraw the writ petition since an assessment order had already been passed.

The Court allowed withdrawal with liberty granted to the petitioner to pursue appropriate remedies as per law.

Subsequently, the petitioner filed an application seeking recall of the withdrawal order dated 30.05.2023. However, it was not disputed that after the said order, the petitioner had already preferred a statutory appeal against the assessment order.

Issues Involved

  1. Whether a withdrawal order of a writ petition can be recalled after the petitioner has already availed an alternative statutory remedy.
  2. Whether filing of a statutory appeal bars reconsideration of the earlier withdrawal order.

Petitioner’s Arguments

  • The petitioner sought recall of the order dated 30.05.2023.
  • It was implied that the withdrawal of the writ petition required reconsideration despite the availability of alternative remedies.

Respondent’s Arguments

  • The respondents opposed the application for recall.
  • It was emphasized that the petitioner had already exercised the statutory remedy by filing an appeal, making the recall application untenable.

Court’s Findings / Order

  • The Court observed that:
    • The writ petition had been voluntarily withdrawn based on instructions of the petitioner’s counsel.
    • Liberty had already been granted to pursue remedies in accordance with law.
    • The petitioner had, in fact, filed a statutory appeal subsequent to withdrawal.
  • In view of these facts, the Court held that:
    • The application for recall of the withdrawal order was completely without merit.
  • Order: The application was dismissed.

Important Clarification

  • Once a litigant withdraws a writ petition with liberty to avail alternative remedies and subsequently exercises that remedy, recall of the withdrawal order is generally not maintainable.
  • The Court reinforced the principle that parallel or duplicative remedies cannot be pursued simultaneously.

Sections Involved

  • Principles relating to writ jurisdiction under Article 226 of the Constitution of India
  • Doctrine of alternative remedy
  • Procedural principle regarding recall of judicial orders

Link to download the order -https://delhihighcourt.nic.in/app/showFileJudgment/60802082023CW76362023_093251.pdf

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