Dev Pal Singh Gaur v. Union Of India & ORS.

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2361/2016 & CM No.24429/2016 DEV PAL SINGH GAUR ..... Petitioner Through:

Mr.Prakhar Bhatnagar, Adv.

versus UNION OF INDIA & ORS.

..... Respondent Through:

Mr.Vikas Mahajan, CGSC with Mr.S.S. Rai and Mr.Amit Mehta, Advs. for UOI.

Mr.A.K.

Singla, Sr.Adv.

with Mr.Abhimanyu Singh Khatri, Adv.

for R-6.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 13.07.2016 On 26.04.2016, we passed the following order: "It is brought to our notice by the learned counsel appearing for the UOI as well as the learned counsel for the respondent No.6 that the petitioner had earlier filed PIL No.63096 of 2015 in the High Court of Allahabad with the very same prayer that is sought in the present petition and that by the judgment dated 18.11.2015, the said writ petition was dismissed. The learned counsel has also placed before us a copy of the said writ petition together with documents and judgment of the Allahabad High Court.

However, the learned counsel for the petitioner pleads that he is not aware of the earlier petition.

Let the petitioner be present in person on the next date of hearing.

Call on 15.07.2016."

W.P.(C) 2361/2016

Now an application being CM No.24429/2016 has been filed by the petitioner seeking permission to withdraw the writ petition stating that the omission of pleading with regard to filing of PIL No.63096/2015 in the High Court of Allahabad was neither intentional nor deliberate.

The petitioner/applicant has also tendered unconditional apology for the inadvertent mistake in instituting the petition without disclosing the factum of filing of another PIL in the High Court of Allahabad. In the facts and circumstances explained, the petitioner/applicant is permitted to withdraw the petition.

Accordingly, the writ petition is dismissed as withdrawn. No order as to costs.

CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JULY 13, 2016/pmc W.P.(C) 2361/2016