Dismissal of Writ Petition & Notary Apology The High Court dismissed the writ petition as withdrawn due to the provisional release under section 110A of the Customs Act, 1962. The petitioner chose ...
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The High Court dismissed the writ petition as withdrawn due to the provisional release under section 110A of the Customs Act, 1962. The petitioner chose not to proceed further, leading to the dismissal without costs, with the option to pursue remedies in the future. Additionally, a notary faced a show-cause notice for signing a writ petition with blank portions. After appearing before the Court, the notary apologized, explained the omissions, and assured diligence in the future. The Court accepted the apology, discharged the notice, and advised caution to prevent similar lapses.
Issues: 1. Dismissal of the writ petition due to provisional release under section 110A of the Customs Act, 1962. 2. Show-cause notice issued to the notary for signing a writ petition with blank portions.
Analysis:
1. The High Court dismissed the writ petition as withdrawn upon the submission by the petitioner's advocate that an order of provisional release under section 110A of the Customs Act, 1962 had been passed during the pendency of the petition, and the petitioner did not wish to proceed further. The court noted the submission and ordered the dismissal of the writ petition without any costs, leaving all contentions open for the parties. The court clarified that the dismissal would not prevent the petitioner from pursuing remedies in accordance with the law in the future.
2. A coordinate Bench of the Court had issued a show-cause notice to the notary, Mr. Manish Maruti Pabale, who verified the writ petition, as certain portions of the petition, including the verification clause, were found blank. Mr. Pabale appeared in person before the Court and submitted an affidavit explaining the reasons for the blank portions. He tendered an unconditional apology and requested the discharge of the show-cause notice. Mr. Pabale assured the Court of being careful in the future to avoid any similar omissions or lapses. The Court accepted Mr. Pabale's apology, discharged the show-cause notice, and advised him to be diligent in his duties as a notary to prevent any future occurrences of such lapses.
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