Arun Ku.Barik v. Agm,Sbi
Case brief
What is this about?
Writ petition seeking retirement benefits was dismissed as withdrawn. The Supreme Court allowed an interim application for withdrawal, holding that opposite parties cannot object to a simpliciter withdrawal once jurisdiction is invoked.
What did the court decide?
Interim application for withdrawal of writ petition allowed; writ petition dismissed as withdrawn.
What the court decided
W.P.(C) No.21019 of 2014
I.A. No.6056 of 2018
The instant interim application has been filed for withdrawal of the writ petition on the ground that the authorities have promised to disburse the retiral benefits.
Learned counsel representing the opposite party no.2 has raised objection so far as withdrawal of the writ petition is concerned.
According to my considered view, when a litigant has approached this Court invoking jurisdiction of the statute it is his wish to pursue or not to pursue the matter. When the petitioner has filed interim application for withdrawal of the writ petition, the opposite parties cannot have any objection since it is a case of simpliciter withdrawal.
In view thereof, the interim application is allowed.
Accordingly, the writ petition is dismissed as withdrawn.
…………………..
S.N.Prasad,J.
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Parties & counsel
- petitioner
Petitioner
- respondent
Opposite party no.2
Coram
S.N.Prasad
Case details
As recorded by the court registry
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