GURU DUTT TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 21.09.2016 passed by the learned Single Judge in WP (C) No.168 (SH) of 2013. By virtue of the order impugned, on the submission of Mr. Raghvendra Jha, learned counsel for the petitioners therein, petition was dismissed as withdrawn. Said learned counsel for the petitioners had placed an application on record stating therein that he has the instructions to withdraw the said petition. Learned counsel for the respondents had not opposed, accordingly writ petition was dismissed as withdrawn.

(2.) An application for restoration bearing Misc. Case No.94 of 2017 was filed for setting aside the withdrawal order i.e. impugned order dated 21.09.2016, same was dismissed by the learned Single Judge on 31.05.2017 opining therein that he could not alter or recall his own order. The petitioners, if so advised, may approach the Division Bench. This is how intra-court appeal thereafter has been filed.

(3.) This case has its own peculiar facts and features. The cause of the petitioners has remained to be redressed because their cause got complicated in view of apparent misunderstanding between the petitioners and the first counsel thereafter the second counsel engaged. In order to make the position clear and for appreciating the matter in its right perspective, precise factual background is advantageous to be noticed.