M/S Y.K. Agrotech Pvt. Ltd. v. Union Of India And ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7958/2022 M/S Y.K. AGROTECH PVT. LTD.
..... Petitioner Through:
Mr. Saurabh S. Sinha, Advocate.
versus UNION OF INDIA AND ORS.
..... Respondents Through:
Mr. Satish Kumar, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 02.07.2024 CM APPL. 36122/2024 (on behalf of the Petitioner seeking permission to withdraw the writ petition with liberty)
1. The National Horticulture Board/ Respondent No.2 have, in their counter affidavit, raised an objection regarding the lack of territorial jurisdiction of this Court to entertain the present petition. In light of the said objection, the Petitioner has filed the above captioned application seeking withdrawal of the present petition with liberty to approach the High Court of Jammu and Kashmir and Ladakh.
2. Mr. Satish Kumar, counsel for the Respondent No.2, points out that no action is permissible in light of the fact that earlier writ petition was dismissed as withdrawn against the Petitioner. Nonetheless, without prejudice to his rights and contentions, he has no objection to the request made in the instant application.
3. Accordingly, the application is allowed and disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 14:22:34
W.P.(C) 7958/2022
4. The present writ petition is dismissed as withdrawn with liberty to the Petitioner to approach the High Court of Jammu and Kashmir and Ladakh on the same cause of action as urged in the present petition. Needless to say, that Court has not commented on the maintainability of the proposed petition. As and when the said petition is filed, the same shall be considered on its own merits in accordance with law.
5. The next date of hearing, i.e., 16th August, 2024 stands cancelled. SANJEEV NARULA, J JULY 2, 2024 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 14:22:34