- (1.) The Petitioner has filed this writ petition for a writ of certiorary for quashing the contract executed in favour of the Respondents 3 to 5 by Respondents 1 and 2. Consequential reliefs in connection there with have also been prayed for.
(2.) For the same relief, which has been claimed in this writ petition, the Petitioner has filed a civil suit No. 70 of 1992 in the court of the learned Civil Judge, Dehradun on 12-2-1992 and in that suit an application for interim injunction was filed on 21-2-1992. On 21-2-1992 itself the learned Civil Judge declined to grant exparte interim injunction and merely issued notices to the Defendants. On 3-3-1992 the Petitioner made an application before the learned Civil Judge for withdrawal of the suit. The contents of this application are reproduced below; The delay caused in the hearing of the injunction matter has frustrated the object of the suit. It is, therefore, prayed that the Plaintiff be permitted to withdraw the suit. This application was allowed on 3-3-1992 and the learned Civil Judge dismissed the suit as withdrawn by the following orders. "Suit stands dismissed as withdrawn".
(3.) Before withdrawing the suit, the Petitioner prepared the instant writ petition on 29-2-1992, as is clear from the rate on which the affidavit in support of this writ petition was sworn. It was presented before the Stamp Reporter of this Court on 3 3-1992 and was filed before the Joint Registrar on 4-3-1992 and was taken up by a Division Bench of this Court on the next day. From the facts, as narrated above, it is clear that before moving the application for withdrawal of the civil suit, the Petitioner had prepared the writ petition and presented before the Oath Commissioner of this Court on 29-2-1992 and before the Stamp Reporter of this Court on 3-3- 1992.;