Withdrwal of civil writ petition
HARSIMRAN
(Querist) 11 September 2014
This query is : Resolved
i had filed a cwp against my university.After that, university agreed for what i was asking and i told my lawyer to withdraw the petition and he said he will do it. Now i checked the court website and judge has still given next hearing.Is it possible that judge can refuse to allow t withdraw a petition. I will ask my lawyer tomorrow morning but i also want to know experts general opinions bcoz this move will actually backfire and university authorities will be angry with me although its not my mistake
P. Venu
(Expert) 12 September 2014
First of all, you may verify whether your lawyer has taken the steps for withdrawal of the CWP?
Devajyoti Barman
(Expert) 12 September 2014
Judges generally allow to withdraw Writ Petition.
ajay sethi
(Expert) 12 September 2014
court permits with drawal of petition . furnish instructions to your advocate in writing with copy forwarded to university for information
Rajendra K Goyal
(Expert) 12 September 2014
Inform in writing to your lawyer to withdraw the case.
HARSIMRAN
(Querist) 12 September 2014
Thanks everyone for the replies
c.p.s. ramachary
(Expert) 12 September 2014
Mr. Harsimran,
You may send written instructions to your lawyer by regd. post for withdrawal of the writ petition. You may also refer to your earlier oral instructions in the letter for doing needful in the matteron urgent basis.
HARSIMRAN
(Querist) 12 September 2014
Had a talk with my lawyer.he said he asked judge that we dont want to press the case but there was a government lawyer over there( not from university but may be representing uoi or ugc) who asked for more time.in a hurry judge gave next hearing after five months.(what an irony when petitioneris himself withdrawing)
Now lawyer is saying he will again follow same pathi.e. asking for withdrawl orally on next hearing.pls advise if
1. We can waithdraw b4 next date by giving something in written to court
2.or if first step is not possible and only judge can allow to withdraw on next hearing. Then do my lawyer needs to file a written statementin advance?
I know i need to ask all these things from my lawyer and seems stupid to be asking here but my lawyer is simply saying to withdraw orally on next hearingand hence i came here to ask
Thanks in advance
T. Kalaiselvan, Advocate
(Expert) 19 September 2014
Generally under the the given circumstances, lawyers inform the court that they wish to not to press the case any further and are ready t make necessary endorsement in the case bundle, but your lawyer seems either not have endorsed or had not even moved a motion to this effect before the court. The Judicial Officers give priority to such issues when the counsel volunteers to withdraw by not pressing the case,it seems your lawyer has not properly handled the matter as it was supposed to. Even now, by moving an advance hearing application, he can make his intention to withdraw the case in writing to the court by giving proper notice to the other side, try to do it or wait for the date of next hearing.
Advocate. Arunagiri
(Expert) 19 September 2014
You can instruct your lawyer to file a memo for withdrawal, serve the copy of that memo to the university counsel and get acknowledgement.
This copy can be produced to the university to avoid misunderstanding.
