Withdrawal with liberty to appeal: file within eight weeks; appeal to be decided on merits without limitation objection.

Petitioners were granted permission to withdraw the writ petition with liberty to file a statutory appeal within a specified short period; the court applied equitable principles arising from remittal and procedural context to permit time limited filing and directed that any appeal so instituted be adjudicated on merits without permitting a limitation objection. The relief balances bona fide prosecution of the appellate remedy against procedural regularity and removes the limitation bar only for appeals filed within the prescribed period.

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Issues: Whether the petition should be permitted to be withdrawn with liberty to the petitioners to file an appeal before the Tribunal within a specified period and for such appeal to be decided on merits without objection as to limitation.

Analysis: The question concerns procedural relief permitting withdrawal of the writ petition and conferring a time-limited right to pursue the appellate remedy before the appropriate Tribunal. The Court examined the effect of a Supreme Court remittal and the surrounding procedural context, including prior orders and bona fide pursuit of proceedings, and considered whether equitable relief in the nature of permitting an appeal out of time (by removing limitation objection) should be granted to enable adjudication on merits. The Court balanced the petitioners' intent to prosecute the statutory appellate remedy against the need to preserve procedural regularity, noting the parties' submissions and precedents addressing remittal and appellate limitation in comparable matters.

Conclusion: Liberty to withdraw the petition is granted and the petitioners are permitted to file an appeal before the Tribunal within eight weeks from the date of the order; if so filed, the appeal shall be decided on its merits and in accordance with law without an objection as to limitation. (In favour of petitioner)

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