Cyprian Kujur, L.D.C. & Anr. vs Union Of India, Through ...
2011 Latest Caselaw 4442 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI


+                            WP(C) No.328/2007


%                      Date of Decision: 12.09.2011


Cyprian Kujur, L.D.C. & Anr.                          .... Petitioners

                    Through Mr.Naveen R.Nath, Mr.Girish Kandpal,
                            Mr.Darpan K.N. & Ms.Amrita Sharma,
                            Advocates


                                Versus


Union of India,                                   .... Respondents
Through Secretary,
Ministry of Finance & Ors.

                    Through Mr.Sumit Pushkarna & Mr.Jitender
                            Kumar, Advocates



CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

1.      Whether reporters of Local papers             NO
        may be allowed to see the judgment?
2.      To be referred to the reporter or not?        NO
3.      Whether the judgment should be                NO
        reported in the Digest?


ANIL KUMAR, J.

* After some arguments, learned counsel for the petitioners, on

instructions, seeks to withdraw the writ petition in view of the

documents filed by the petitioners along with the rejoinder which

were not before the Tribunal when the impugned order was passed

and which were not considered by the Tribunal. The learned counsel

seeks to withdraw the writ petition with liberty to file review petition

or such other petition before the Tribunal as will be permissible

under law.

Learned counsel for the petitioners contends that these

documents were supplied by the respondents to the petitioners

pursuant to the queries raised on behalf of the petitioners under

Right to Information Act.

Learned counsel for the petitioners also contends that these

documents are material for the adjudication of the controversy

between the parties and could not be produced by the petitioners

earlier till they were supplied to them by the respondents under

Right to Information Act.

In the circumstances, the petitioners is permitted to withdraw

the writ petition to file appropriate petitions before the Tribunal on

the basis of these documents without prejudice the rights and

contentions of the parties and pleas of the respondents to oppose

such petitions as may be filed by the petitioners before the Tribunal.

The withdrawal of the writ petition shall also not preclude the

petitioners from raising of the pleas and contentions raised by the

petitioners impugning this order in this writ petition, as this Court

has not decided any of pleas and contentions of the parties on

merits.

The writ petition is, therefore, dismissed as withdrawn with

liberties as prayed for. All the pending applications are also disposed

of.

ANIL KUMAR, J.

SUDERSHAN KUMAR MISRA, J.

September 12, 2011.

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