M/S Jaipur Metacast PVT LTD vs. Union Of INDIA And Anr

Held

The Court held that the earlier writ petition was dismissed as withdrawn with liberty to pursue other remedies, and not for making representations. Since the petitioner failed to pursue other remedies, the present writ petition is not maintainable. The Court dismissed the writ petition on the grounds of maintainability. However, the liberty granted in the earlier order to pursue alternative remedies would remain. The Court also granted the petitioner liberty to make an application for condonation of delay while pursuing alternative remedies, referencing Sections 5 and 14 of the Indian Limitation Act.

Facts

The petitioner, M/s Jaipur Metacast Private Limited, filed a writ petition before the Rajasthan High Court. A preliminary objection was raised by the respondents regarding the maintainability of the petition. The respondents pointed out that the petitioner had previously filed Writ Petition No. 4560/2012, which was withdrawn with liberty to pursue other remedies. The respondents argued that the petitioner had failed to pursue those other remedies and had instead filed the current writ petition, making it not maintainable. The petitioner contended that the earlier withdrawal was with liberty to make representations and that a representation had been made, thus the current writ petition should be considered maintainable.

Key Issues

1. Whether the present writ petition is maintainable, considering a previous writ petition filed by the petitioner was withdrawn with liberty to pursue other remedies? (Question of law) Petitioner's arguments: The petitioner argued that the earlier writ petition was withdrawn with liberty to make representations, and since a representation was made, the current writ petition is maintainable and a direction should be issued to the department to decide it. Respondents' arguments: The respondents argued that the earlier writ petition was dismissed as withdrawn with liberty to pursue other remedies, not for making representations. As the petitioner failed to pursue other remedies, the current writ petition is not maintainable.