Through Its Secretary Muslims Gujar Tribals Welfare Society (Rgd) vs. The State Of Uttarakhand Through Secretary Department Of Forest
AI Summary
The Supreme Court has allowed the Muslims Gujar Tribals (Rgd.) Welfare Society to withdraw their writ petition, granting them the crucial liberty to pursue their case by approaching the High Court. This procedural order redirects the legal battle to a more appropriate forum, ensuring the welfare society can continue its fight for tribal rights.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Muslims Gujar Tribals (Rgd.) Welfare Society filed a Writ Petition (Civil) No. 939/2017 before the Supreme Court against the State of Uttarakhand and other respondents. On October 13, 2017, during the hearing, the petitioner's counsel sought and was granted leave to withdraw the writ petition with the specific liberty to approach the High Court for the subject matter. Consequently, the Supreme Court dismissed the writ petition as withdrawn.
Timeline of Events
Writ Petition No. 27535/2017 filed in Supreme Court.
Writ Petition No. 939/2017 registered, and I.A. for exemption from filing O.T. filed.
Petition called on for hearing before a Division Bench of the Supreme Court.
Petitioner's counsel sought leave to withdraw the writ petition with liberty to approach the High Court.
The Supreme Court dismissed the writ petition as withdrawn, granting the requested liberty.
Key Factual Findings
The petitioner's counsel sought leave of this Court to withdraw the writ petition.
Source: Current Court Finding
The petitioner's counsel sought liberty to approach the High Court.
Source: Current Court Finding
Primary Legal Issues
Petitioner's Arguments
The counsel for the petitioner specifically requested the court's permission to withdraw the writ petition. This request was accompanied by a prayer for liberty to approach the High Court for the same subject matter, indicating a strategic decision to pursue remedies in an alternative forum.
Respondent's Arguments
No explicit arguments from the respondent's side are recorded in the order, as the matter was disposed of on a procedural request for withdrawal by the petitioner.
Court's Reasoning
The Court acceded to the petitioner's request for withdrawal with liberty, implicitly acknowledging the petitioner's right to choose the appropriate forum for adjudication and the procedural allowance for such withdrawals when no substantive prejudice is caused.
- Emphasis on Procedural Fairness
- Adherence to Jurisdictional Norms
Specific Directions
- 1.Leave to withdraw the writ petition with liberty to approach the High Court is granted.
Precedential Assessment
Non-Binding (Procedural)
This is a routine procedural order allowing the withdrawal of a writ petition with liberty to approach a lower court; it does not establish any new legal principle or interpret substantive law.
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Arun Mishra, Hon'ble Mohan M. Shantanagoudar
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed as withdrawn
Listed On:
13 Oct 2017
In:
Judge
Category:
UNKNOWN
Original Order Copy
Get a certified copy of this order
Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s).939/2017
MUSLIMS GUJAR TRIBALS (RGD.)WELFARE SOCIETY Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND & ORS. Respondent(s)
(FOR ADMISSION and IA No.99863/2017-EXEMPTION FROM FILING O.T.)
Date : 13-10-2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s)
Mr.Shakeel Ahmed, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
Learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to approach to the High Court.
The writ petition is dismissed as withdrawn with liberty as prayed for.
(Ashok Raj Singh) (Tapan Kumar Chakraborty) Court Master Court Master
