Facts of the Case

The petitioner instituted the Writ Petition (Civil) No. 8870/2009 before the Division Bench of the High Court of Delhi. When the matter was called for a regular hearing on July 16, 2009, the petitioner, through their legal counsel, elected not to pursue the claims dynamic further in this specific dynamic of the proceeding.

Issues Involved

·         Whether the petitioner should be permitted to unconditionally withdraw Writ Petition (Civil) No. 8870/2009.

·         Whether any consequential liabilities or liberties arise upon the simple withdrawal of the said petition.

Petitioner’s Arguments

The learned counsel for the petitioner, Mr. Atul Babbar, submitted before the Division Bench that the petitioner wished to withdraw the current writ petition unconditionally. No further active contentions on merits were pressed before the Court during the hearing.

Respondent’s Arguments

The learned counsel for the respondent, Ms. Sonia Mathur, was present on behalf of the opposite parties. Since the petitioner chose to unconditionally withdraw the petition, the respondent did not offer any objection to the dismissal of the petition as withdrawn.

Court Order / Findings

The Division Bench comprising Hon’ble Mr. Justice A.K. Sikri and Hon’ble Mr. Justice Valmiki J. Mehta perused the record and noted the submission made by the petitioner's counsel. The Court passed a single-sentence final order: "Dismissed as withdrawn." Consequently, the petition was formally extracted from the active file of the Court without any adjudication on its merits.

Important Clarification

An order dismissing a writ petition as "dismissed as withdrawn" signifies an unconditional withdrawal where the Court does not apply its mind to, nor adjudicates upon, the legal merits of the underlying dispute. It serves as a procedural closing of the case based purely on the voluntary decision of the moving party.

Sections Involved

·         Article 226 of the Constitution of India: Extraordinary writ jurisdiction of the High Court.

·         Order XXIII Rule 1 of the Code of Civil Procedure (CPC), 1908: Withdrawal of suit or abandonment of part of claim (applied vectorially to writ proceedings).

 

Link to download the order -

https://delhihighcourt.nic.in/app/case_number_pdf/2009:DHC:6600-DB/AKS16072009CW88702009_161346.pdf


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