M/S A.G. Construction (Joint Venture) v. The Chief Engineer And Administrator And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/137/2025 M/S. A. G. Construction (Joint Venture) Vs.

The Chief Engineer and Administrator and Others Mrs. Vinita Devi ... for the petitioner Mr. V.D.Sivabalan ... for the respondents March 11, 2025 [AKB] Item No.4

1. The learned advocate representing the petitioner would submit that there are formal defects and as such, she seeks leave to withdraw the instant writ petition with liberty to file afresh on the selfsame cause of action.

2. Mr. V.D.Sivabalan, learned advocate representing the respondents would however, submit that although he does not object to the petitioner withdrawing the writ petition on account of formal defects however, the petition is otherwise not maintainable in law.

3. Having heard the learned advocates appearing for the respective parties and noting the petitioner seeks leave to withdraw the writ petition on account of formal defects, I am of the view the leave may be granted to the petitioner to withdraw the writ petition with liberty to file afresh on the self same cause of action.

4. Accordingly, the writ petition stands dismissed as withdrawn.

5. The aforesaid liberty shall, however, be not construed to be authorizing the petitioner to file any petition before this Court. As and when any petition is filed by the petitioner, the respondents shall be at liberty to raise the point of maintainability, if so advised.

(Raja Basu Chowdhury, J.)