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Regarding withdrawal of writ petition
05-Aug-2023 (In Labour & Service Law)
Hello sirI filed writ petition with help of advocate in Telangana high court, now I'm willing to withdraw petition as I got appointment letter for employment in state government organization I gave some amount to withdraw case but he is not responding, in that organization some officer saying go and get cancel your case and come to take appointment. If I won't cancel this case will I get appointment, also my medical is completed in last 20 days but they are saying to withdraw for giving appointment to me. I request you to please give me a valuable advise I'm waiting for reply thank you.
hi
you being the writ petitioner first need to make a mention before the bench that you are withdrawing the writ. the bench will call for the file within next two days and if opposite side counsel does not have any objection, the court will issue orders for withdrawal of writ.
you being the writ petitioner first need to make a mention before the bench that you are withdrawing the writ. the bench will call for the file within next two days and if opposite side counsel does not have any objection, the court will issue orders for withdrawal of writ.
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Withdrawal of Writ Petition in High Court:
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Initiating Withdrawal:
- If a petitioner wishes to withdraw a writ petition filed in a High Court, they can do so by filing an application for withdrawal before the court.
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Format of Application:
- The application for withdrawal should be in the prescribed format, which can vary depending on the High Court. It typically includes details such as the case number, the parties involved, and the grounds for withdrawal.
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Grounds for Withdrawal:
- Grounds for withdrawal may vary, but common reasons include reaching a settlement with the opposing party, a change in circumstances, or a voluntary decision by the petitioner to no longer pursue the case.
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Court's Discretion:
- The High Court has the discretion to allow or deny the withdrawal application. The court will consider the reasons provided and ensure that the withdrawal is voluntary and not coerced.
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Notice to Opposing Party:
- Generally, notice of the withdrawal application is served to the opposing party to allow them to express any objections or concerns.
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Impact on Costs:
- Parties should be aware that withdrawing a writ petition may have cost implications. The court may decide on the payment of costs, which could be borne by the petitioner or the opposing party, depending on the circumstances.
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Initiating Withdrawal:
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Legal Counsel:
- It is advisable to seek legal counsel when withdrawing a writ petition to ensure that the process is conducted correctly and that the petitioner's rights and interests are protected.
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Writ Petition Meaning:
- A writ petition is a legal document filed with a court, typically a High Court or the Supreme Court in India, seeking judicial intervention to address a specific issue or grievance. It is a fundamental legal tool used to protect citizens' rights.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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