Court allowed Civil Writ Petition withdrawal with liberty to file fresh application on same or subsequent cause of action, vacating a prior order and clarifying no bar on fresh approach if advised.
Permission to withdraw petition with liberty to file fresh case on same cause of action; preceding order vacated.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5th DAY OF APRIL, 2022
BEFORE
HON’BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 7202 of 2019
Between:-
1. BHAG SINGH, S/O SH. SUNDER SINGH, PRESENTLY WORKING AS HEADMASTER IN GHS PINGLA (MANDI), R/O VILLAGE FALD-MATALEG, PO MASERAN, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P.
……….PETITIONER
(BY SHRI PREM P. CHAUHAN, ADVOCATE)
AND
1. THE STATE OF HIMACHAL PRADESH, THROUGH SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA, H.P.
2. DIRECTOR OF HIGHER EDUCATION, HP, SHIMLA, HP.
3. DEPUTY DIRECTOR OF HIGHER EDUCATION, MANDI, HP.
4. HEADMASTER, GOVERNMENT HIGH SCHOOL PINGLA, DISTRICT MANDI, HP.
……….RESPONDENTS
(BY M/S SUMESH RAJ, DINESH THAKUR AND SANJEEV SOOD, ADDITIONAL ADVOCATE GENERALS,
2
WITH M/S MANOJ BAGGA, ASSISTANT ADVOCATE GENERAL)
Whether approved for reporting ? No.
This petition coming on for hearing this day, the Court passed
the following:-
J U D G M E N T
CMP-T NO. 219 OF 2022 & CWP NO. 7202/2019
By way of this application, a prayer has been made by the applicant/petitioner that he may be permitted to withdraw this case with liberty file fresh on the same cause of action.
3
The writ petition stands disposed of in the above terms, so
also pending miscellaneous application(s), if any.
(Ajay Mohan Goel) Judge April 05, 2022 (chander)
1 issue framed by the court
Whether the petitioner is permitted to withdraw the writ petition with liberty to file a fresh application on the same cause of action despite an objection regarding the receipt of amounts from a prio
Bhag Singh
The State of Himachal Pradesh
Director of Higher Education, HP
Deputy Director of Higher Education, Mandi
Headmaster, Government High School Pingla
Ajay Mohan Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
