Cyprian Kujur v. Union of India

1. Whether reporters of Local papers may be allowed to see the judgment? NO

2. To be referred to the reporter or not? NO

3. Whether the judgment should be reported in the Digest?

NO ANIL KUMAR, J. * After some arguments, learned counsel for the petitioners, on instructions, seeks to withdraw the writ petition in view of the 2011:DHC:4640-DB documents filed by the petitioners along with the rejoinder which were not before the Tribunal when the impugned order was passed and which were not considered by the Tribunal. The learned counsel seeks to withdraw the writ petition with liberty to file review petition or such other petition before the Tribunal as will be permissible under law. Learned counsel for the petitioners contends that these documents were supplied by the respondents to the petitioners pursuant to the queries raised on behalf of the petitioners under Right to Information Act. Learned counsel for the petitioners also contends that these documents are material for the adjudication of the controversy between the parties and could not be produced by the petitioners earlier till they were supplied to them by the respondents under Right to Information Act. In the circumstances, the petitioners is permitted to withdraw the writ petition to file appropriate petitions before the Tribunal on the basis of these documents without prejudice the rights and contentions of the parties and pleas of the respondents to oppose such petitions as may be filed by the petitioners before the Tribunal. The withdrawal of the writ petition shall also not preclude the petitioners from raising of the pleas and contentions raised by the petitioners impugning this order in this writ petition, as this Court has not decided any of pleas and contentions of the parties on merits. The writ petition is, therefore, dismissed as withdrawn with liberties as prayed for. All the pending applications are also disposed of. ANIL KUMAR, J. SUDERSHAN KUMAR MISRA, J. September 12, 2011. vk