This order records a writ petition dismissed as withdrawn by the petitioner upon granting liberty to approach the appropriate court having territorial jurisdiction, referencing benefit under the Limitation Act.
Petition dismissed as withdrawn with liberty to approach the appropriate court having territorial jurisdiction.
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PRABIR GHOSE ..... Petitioner
Through : Mr Biswajit Das and Ms Vanshika Chandra, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents Through : Mr Vikas Mahajan, Advocate for R-1 & 2. Mr Rajesh Pathan for Mr Soumyajit Pani, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 06.09.2016 W.P.(C) 5484/2013 & CM No.12226/2013(stay)
Learned counsel for the petitioner submits that in view of the objection raised by the respondents as to the maintainability of the petition in this Court on account of lack of jurisdiction, the petitioner seeks leave to withdraw the petition with liberty to approach the appropriate court having territorial jurisdiction.
Learned counsel for the petitioner submits that the petitioner would be seeking benefit of section 14 of the Limitation Act, 1963, for exclusion of time spent in pursuing this writ petition.
The writ petition is dismissed as withdrawn with liberty to the petitioner to approach the appropriate court having territorial jurisdiction.
SANJEEV SACHDEVA, J
SEPTEMBER 06, 2016/ ‘sn’
2 issues framed by the court
Whether the petition is maintainable for jurisdictional objections or if it can be withdrawn with leave to approach the appropriate territorial court.
Whether the petitioner is entitled to benefit of section 14 of the Limitation Act, 1963 for exclusion of time.
Prabir Ghose
Union of India
Sanjeev Sachdeva
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
