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Mohd Rafi v. State of Hp and Others

Writ Petition – Withdrawal

Himachal Pradesh HC13 Mar 2024CWP/910/2024

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Case brief

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What is this about?

Keywords: withdrawal of writ petition; maintainability of writ petition; purely civil dispute; disputed questions of fact; liberty to approach Civil Court; prayer for security; threat perception; police protection by Superintendent of Police; joint reply by respondents; pending applications disposed; Himachal Pradesh High Court, Shimla; single Bench (Sandeep Sharma, J.); CWP No. 910 of 2024, decided 13.03.2024; disposed as withdrawn.

What did the court decide?

Permission to withdraw the writ petition with liberty to file appropriate proceedings before the appropriate Court of law; any prayer for security on account of threat perception to be considered by the Superintendent of Police concerned in accordance with law; pending applications disposed of. ¶5

Mohd Rafi Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWP No. 910 of 2024 Decided on: 13.03.2024

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__________________________________ Mohd. Rafi Versus	______________________ ………..Petitioner
State of HP & Ors.	…..Respondents
___________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Ju Whether approved for reporting?¹	_____________________ dge.
For the petitioner : Mr. Ketan	Singh, Advocate.
For the respondents : Mr. Anup with Mr. Panwar, Generals,	Rattan, Advocate General, B.C Verma, Mr. Vishal Additional Advocate for respondents.
___________________________________ Sandeep Sharma, Judge ( oral)	_____________________

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Respondents No. 1, 4 and 5 have filed joint reply today in the Court itself, which is taken on record. In reply, it has been categorically stated that dispute sought to be decided in the instant petition is purely civil in nature and as such, present petition is not maintainable, rather there being involvement of disputed questions of fact, petitioner is required to approach the Civil Court.

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Faced with aforesaid situation, learned counsel representing petitioner seeks permission to withdraw the present petition at this stage with liberty to file appropriate proceedings before appropriate Court of law for redressal of his grievance. Ordered accordingly.

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Needless to say, prayer, if any, made by the petitioner for providing security on account of threat perception, if any, to the

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