IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 6321 of 2011 in/and CWP No. 14324-CAT of 2009 (O&M) Date of Decision: May 6, 2011 Parneet Mahal Suri …Applicant-Petitioner Versus Union of India and others …Respondents CORAM: CORAM: CORAM: CORAM: HON’BLE MR. JUSTI HON’BLE MR. JUSTI HON’BLE MR. JUSTI HON’BLE MR. JUSTICE M.M. KUMAR CE M.M. KUMAR CE M.M. KUMAR CE M.M. KUMAR HON’BLE MR. JUSTICE GURDEV SINGH HON’BLE MR. JUSTICE GURDEV SINGH HON’BLE MR. JUSTICE GURDEV SINGH HON’BLE MR. JUSTICE GURDEV SINGH Present: Mr. Tejinder Singh Dhindsa, Advocate, for the applicant-petitioner. 1. To be referred to the Reporters or not? 2. Whether the Judgment should be reported in the Digest M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. 1. This is an application seeking withdrawal of the writ petition being CWP No. 14324-CAT of 2009. In para 3 of the application, the applicant-petitioner has stated that during the pendency of the aforesaid writ petition, the respondents have issued letters dated 29.4.2011 (P-6 & P-7) deciding to withdraw the charge memo dated 3.4.2007, subject to the condition that he would withdraw the said writ petition, which is pending before this Court. 2. Notice of the application. 3. Mr. Gurpreet Singh, who is present in the Court, accepts notice on behalf of the non-applicant-respondent No. 1. 4. After hearing learned counsel for the parties and in view of letters dated 29.4.2011 (P-6 & P-7), we are of the view that the C.M. No. 6321 of 2001 in/and C.M. No. 6321 of 2001 in/and C.M. No. 6321 of 2001 in/and C.M. No. 6321 of 2001 in/and CWP No. 14324 CWP No. 14324 CWP No. 14324 CWP No. 14324-CAT of 2009 (O&M) CAT of 2009 (O&M) CAT of 2009 (O&M) CAT of 2009 (O&M) 2 application could be allowed because respondent No. 1 has shown inclination to withdraw charge memo dated 3.4.2007 pending against the applicant-petitioner subject to withdrawal of the petition. In recent times the tendency on the part of the executive authorities to grant relief to a citizen is many a time made subject to condition of withdrawal of judicial proceedings. We feel that it is a debatable issue. The present case may not be appropriate one for taking up such an adjudication because we are satisfied that on merit the applicant-petitioner has a good prima facie case. Accordingly, the application is allowed leaving the aforesaid question open. This order, thus, may not be taken to lay down that whenever a party to proceeding wishes to withdraw it could always be permitted to do so. The writ petition, namely, CWP No. 14324- CAT of 2009, is dismissed as withdrawn. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) May May May May 6, 2011 , 2011 , 2011 , 2011 JUDGE JUDGE JUDGE JUDGE PKapoor