Facts of the Case

  1. The petitioner, Gurinder Singh Sikka, had filed three writ petitions before the Delhi High Court (W.P.(C) Nos. 1057/2011, 1058/2011 & 1059/2011) against the Chief Commissioner of Income Tax.
  2. The petitions sought certain reliefs under the jurisdiction of the High Court concerning income tax matters.
  3. The petitioner’s counsel sought the Court’s permission to withdraw these writ petitions in order to refile them with proper pleadings.

 

Issues Involved

  • Whether the petitioner can withdraw the pending writ petitions to submit a properly constituted writ petition with correct pleadings.
  • Whether the respondent has any objection to the withdrawal of the petitions.

 

Petitioner’s Arguments

  • The petitioner’s counsel, Mr. K.R. Manjani, requested leave of the Court to withdraw the writ petitions.
  • The intent was to file new writ petitions that are properly constituted with appropriate pleadings.

 

Respondent’s Arguments

  • Mr. Kamal Sawhney, Senior Standing Counsel for the Revenue, informed the Court that the respondent has no objection to the withdrawal of the writ petitions.

 

Court Order / Findings

  • The Court granted the petitioner liberty to withdraw the writ petitions.
  • With this liberty, the writ petitions were permitted to be withdrawn without prejudice to the petitioner’s right to refile.
  • Order dated: 25.02.2011

 

Important Clarifications

  • Withdrawal of a writ petition does not prevent the petitioner from refiling it with proper pleadings.
  • The respondent’s consent or lack of objection facilitated a smooth withdrawal process.

Sections Involved:

·         Writ Jurisdiction under Article 226 of the Constitution of India

Link to download the order:
https://delhihighcourt.nic.in/app/case_number_pdf/2011:DHC:15615/SKN25022011CW10572011_123356.pdf

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