Facts of the Case

  1. Two writ petitions, namely W.P.(C) No. 12001/2009 and W.P.(C) No. 12002/2009, were pending before the Delhi High Court.
  2. The matter was argued before the Court.
  3. During the proceedings, the petitioners sought permission to withdraw the petitions.
  4. The request was made without prejudice to the petitioners’ rights and contentions.
  5. The Court considered the request and passed an order accordingly.

Issues Involved

  1. Whether the petitioners should be permitted to withdraw the writ petitions.
  2. Whether such withdrawal could be allowed without prejudice to the rights and contentions of the petitioners.

Petitioners’ Arguments

  1. Learned counsel for the petitioners requested permission to withdraw the writ petitions.
  2. It was specifically submitted that the withdrawal should be without prejudice to the rights and contentions of the petitioners.

Respondent’s Arguments

The order does not record any detailed submissions made on behalf of the respondents.

Court Findings

  1. The Court took note of the request made by the petitioners for withdrawal of the writ petitions.
  2. The Court accepted the request for withdrawal.
  3. No adjudication on merits was undertaken.
  4. The petitions were dismissed as withdrawn.

Court Order

The Delhi High Court dismissed W.P.(C) No. 12001/2009 and W.P.(C) No. 12002/2009 as withdrawn upon the request made by the petitioners, without prejudice to their rights and contentions.

Important Clarification

  1. The order is not a decision on the merits of the dispute.
  2. No legal issue was substantively determined by the Court.
  3. The dismissal resulted solely from the petitioners’ request to withdraw the petitions.
  4. The rights and contentions of the petitioners were expressly preserved.

Sections Involved

The specific statutory provisions involved are not mentioned in the available order. The matter pertains to writ jurisdiction before the Delhi High Court under Article 226 of the Constitution of India.

Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2009:DHC:7801-DB/AKS25092009CW120022009_153336.pdf

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