Court No. - 54
Case :- WRIT - C No. - 1123 of 2015 Petitioner :- Jaisiram Respondent :- State Of U.P. And 37 Others Counsel for Petitioner :- K.S. Tiwari,Jeetendra Kumar Sharma,Pankaj Kumar Tiwari,Vivek Tiwari Counsel for Respondent :- C.S.C.,Brij Kumar Yadav,D D.Chauhan,Suresh Chandra Verma
Hon'ble Ajit Kumar,J.
The petitioner has moved withdrawal application for withdrawing the writ petition which is directed against the order dismissing the restoration application by the Additional Commissioner in respect of an order dated 14th December, 2004 whereby the revision filed by the allottees was allowed and the cancellation of lease order passed by the Additional Collector, Auraiya dated 14th August, 2003 was set aside.
Learned counsel appearing for the Gaon Sabha though has not filed counter affidavit to the said application but pleaded that the writ should not be permitted to be withdrawn as it is in public interest that the matter is heard and decided.
Sri V.P. Singh, learned Advocate submits that he has moved intervener application to be heard in the matter and the writ petition should not be permitted to be withdrawn.
In the considered opinion of the Court, the plaintiff or the petitioner is dominus litis in his case and it is he who has to determine as to what relief he can claim and against whom he can claim the relief and in the event the plaintiff or the petitioner wants to withdraw his claim, no Court can compel him not to withdraw the same.
However, withdrawal of the case is confined to the interest of the petitioner or the plaintiff only. It is open for the Gaon Sabha or any other public spirited person to approach the appropriate forum for appropriate relief in public interest and dismissal of this writ petition would not operate as bar.
In view of the above, the writ petition is permitted to be withdrawn. The writ petition is, accordingly, dismissed as withdrawn.
Order Date :- 25.7.2019 Atmesh
Court No. - 54
Case :- WRIT - C No. - 1123 of 2015 Petitioner :- Jaisiram Respondent :- State Of U.P. And 37 Others Counsel for Petitioner :- K.S. Tiwari,Jeetendra Kumar Sharma,Pankaj Kumar Tiwari,Vivek Tiwari Counsel for Respondent :- C.S.C.,Brij Kumar Yadav,D D.Chauhan,Suresh Chandra Verma
Hon'ble Ajit Kumar,J.
Ref:- Civil Misc. Withdrawal Application The application is allowed.
For order, see order of date passed on the order sheet.
Order Date :- 25.7.2019 Atmesh