IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7700 of 2002 (O&M) Date of decision: January 07, 2010 Municipal Council, Panipat Petitioner Versus State of Haryana and others Respondents CORAM : HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present : Mr. Bikram Chaudhary, Advocate for the petitioner Mr. Ashwani Markenday, DAG Haryana AJAY KUMAR MITTAL, J. (ORAL) On 31.8.2009, in C.M. No. 14429 of 2009, the following order was passed :- “This application has been moved with a prayer to withdraw CWP No. 7700 of 2002. In this application, it has been stated that the wit petition is being withdrawn under orders passed by the Financial Commissioner. From reading of the order dated 22.6.2009, passed by the Financial Commissioner, it is not coming out as to under what provisions, the order has been passed. Furthermore, there is no resolution of the Municipal Council, Panipat to withdraw this writ petition. Adjourned to 6.10.2009. In the meantime, let resolution be passed by the Municipal Council, if it deems necessary to withdraw this writ petition and it be mentioned in the resolution that withdrawal of the writ petition will be in the interest of the Municipal Council.” CWP No. 7700 of 2002 (O&M) 2 Thereafter, the case came up for hearing on 6.10.2009 and the following order was passed:- “Tentatively, it appears that order passed by the Financial Commissioner, under which, this writ petition is being withdrawn, is against the interest of the Municipal Council. Municipal Council may discuss the matter and decide whether to lay challenge to that order or not. To comply with the directions given on 31.8.2009, adjourned to 7.1.2010. Copies of the order passed on 31.8.2009 and today be sent to the Executive Officer, who shall bring to the notice of the Municipal Council.” Today, learned counsel for the petitioner has produced a communication dated 6.1.2010 received from Municipal Council, Panipat, which has been addressed to him stating that decision has been taken by the Municipal Council that CWP No. 7700 of 2002 may be withdrawn and the same will not adversely affect the interest of the Municipal Council. A photostat copy of the letter has been placed on record of this petition. In view of the above, the writ petition is dismissed as withdrawn. (AJAY KUMAR MITTAL) 07.01.2010 JUDGE reena