- (1.) THIS intra-court appeal is directed against the order dated 23.02.2012 as passed in CWP No. 1631/2010 whereby a learned Single Judge of this Court has found no reason to consider interference in practically the third round of litigation where the petitioner-appellant wanted to assert that the respondent-Bank had recovered the amount in excess of what was due to be paid; and was seeking the orders for refund of the amount.
(2.) UPON taking up of the appeal for consideration and our expressing prima facie reservations in the matter so far the writ jurisdiction of this Court is concerned, the learned counsel for the petitioner-appellant submitted that the petitioner-appellant shall stand advised to take recourse to the appropriate remedies in accordance with law; and, seeking such liberty, further submitted that the petitioner-appellant may be permitted to withdraw from the writ petition itself. Having regard to the submissions and prayer so made, we have requested the learned counsel Mr. Tej Singh Champawat, who has appeared for the respondent-Bank before the learned Single Judge regarding his response. The learned counsel Mr. Champawat, in all fairness, submitted that the respondents shall have no objection in permitting the petitioner-appellant to withdraw from the writ petition itself but requested that the rights of the respondent-Bank may be protected to contest any other matter in accordance with law; if at all taken up by the petitioner-appellant.
(3.) HAVING examined the record and having considered the submissions, we are of the view that it shall be in the interest of justice to allow the petitioner-appellant to withdraw from the writ petition itself while leaving it open for the parties to take recourse to the appropriate remedies and proceedings in the accordance with law. With such liberty to the parties, the petitioner-appellant is permitted to withdraw; and the writ petition, i.e., CWP No. 1631/2010, stands dismissed as withdrawn. As a consequence, the order dated 23.02.2012, as passed in the writ petition stands annulled. As a further necessary consequence, this intra-court appeal is treated as infructuous and is dismissed as such.;