Petitioner permitted to withdraw appeal, address issues in ongoing writ petition. Further hearing scheduled for comprehensive adjudication. The High Court allowed the petitioner to withdraw the appeal before the Appellate Tribunal and reserved the right to address all matters in the ongoing ...
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Petitioner permitted to withdraw appeal, address issues in ongoing writ petition. Further hearing scheduled for comprehensive adjudication.
The High Court allowed the petitioner to withdraw the appeal before the Appellate Tribunal and reserved the right to address all matters in the ongoing writ petition. The Court scheduled a further hearing under the category of "End of Board" to enable the petitioner to proceed with the writ petition while ensuring comprehensive adjudication of all relevant issues.
Issues Involved: 1. Whether the writ petition should be continued despite the appeal pending before the Appellate Tribunal.
Analysis: The High Court noted that the writ petition was entertained even though the petitioner had filed an appeal before the Appellate Tribunal challenging the impugned order. Initially, the Tribunal was non-functional due to the absence of appointed members. However, it was later informed that the Tribunal had become functional with appointed Members and Chairperson. The primary issue that arose was whether the writ petition should be maintained in light of these developments.
The petitioner's Senior Counsel, Mr. Ganesh, informed the Court that they preferred not to pursue the appeal pending before the Tribunal. Instead, they chose to reserve the right to raise all issues in the ongoing writ petition. Mr. Ganesh highlighted that pleadings had been exchanged in the writ petition, and a Division Bench in LPA No. 487/2022 had issued directions for the writ petition's disposal. Considering these circumstances, the Court allowed the petitioner to withdraw the appeal before the Appellate Tribunal, while reserving the right to address all matters in the writ petition.
As a result, the Court scheduled the case for a further hearing on 18.10.2022 under the category of "End of Board." This decision aimed to provide the petitioner with the opportunity to proceed with the writ petition while withdrawing the appeal before the Tribunal, ensuring that all relevant issues could be addressed and adjudicated comprehensively.
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