MANOJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY order dated 9.1 .2009 we expressed our desire to hear the counsel as to whether once a public interest litigation has been filed, the petitioners claiming themselves to be social activists can withdraw such application as a matter of right.

(2.) WE have heard Mr. Mahesh Tiwari, learned counsel for the petitioners and perused the interlocutory applications, wherein a prayer has been made on behalf of the petitioners to withdraw the writ petition, which was filed by way of public interest litigation. 4. In this writ petition filed by way of public interest litigation, the petitioners have challenged the appointment of respondent no. 5, Amar Narayan Singh, Electrical Superintending Engineer of the Jharkhand State Electricity Board as a third member of the Vidyut Upbhokta Shikayat Niwaran Forum. According to the petitioners, the said appointment is contrary to the provisions of the guidelines for establishment of the forum for redressal of the grievances of the consumers and Electricity Ombudsman Regulation, 2005 issued by Jharkhand State Electricity Regulatory Commission, Ranchi, vide Notification dated 6.4.2005. 5. The question as to whether, as a matter of right, the petitioners can withdraw a petition filed by way of public interest litigation, is no longer res integra. The Supreme Court in the case of Sheela Barse vs. Union of India, (1988)4 SCC 226 observed: -