IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 21649 of 2009 Date: 23.07.2014 Between:
Chukka Butcha Reddy & another.
… Petitioners And The Government of Telangana, rep., by its Principal Secretary, Irrigation & CAD Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 21649 of 2009 ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) Pursuant to the order dated 28.02.2011 of the learned Single Judge, this matter was placed before the Hon’ble the Chief Justice on administrative side and as per the orders of the Hon’ble the Chief Justice the matter is placed before this Court.
Learned counsel for the petitioner, after arguing the matter for a number of days, today upon instructions submits that his client does not want to press the writ petition and seeks to withdraw the same. He also prays for leave of the Court to file a fresh writ petition.
This Court cannot compel any litigant to continue with any proceeding. If leave is sought for to withdraw then the Court automatically grants leave. But for the prayer seeking leave to file a fresh writ petition, it is the discretion of the Court.
We have heard the learned Advocate General for the State of Telangana. He submits that to meet the ends of justice, this Court may pass appropriate orders on the question of leave.
We therefore dismiss the writ petition as being withdrawn with liberty to file a fresh one with fresh material not on the basis of the present material filed only.
Consequently, the miscellaneous petitions, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 23.07.2014 ES