Amit Kumar Agarwal vs. Union Of INDIA Secretary Through The Ministry Of Finance Deptt Of Revenue

Facts

The petitioner, Amit Kumar Agarwal, filed a writ petition before the Jharkhand High Court. The petitioner expressed a desire to avail the Dispute Resolution Scheme introduced by the Central Government. It was submitted by the petitioner's counsel that to avail this scheme, the pending writ petition would have to be withdrawn, as the scheme could not be availed while litigation was ongoing. The respondents were represented by their counsel. The Court heard both parties on this submission.

Held

The Court granted the petitioner leave to withdraw the writ petition. The reasoning was based on the petitioner's submission that withdrawal was necessary to avail the Dispute Resolution Scheme. The Court did not delve into the merits of the Dispute Resolution Scheme itself or whether it was indeed incompatible with pending litigation. The operative direction was to dismiss the writ petition as withdrawn, with the liberty granted to the petitioner to pursue the Dispute Resolution Scheme.

Key Issues

1. Whether the petitioner can avail the Dispute Resolution Scheme while a writ petition is pending before the High Court? The petitioner argued that to avail the Dispute Resolution Scheme, the pending writ petition must be withdrawn, as the scheme is not accessible in ongoing litigation. The petitioner relied on this understanding to seek permission to withdraw the petition. The respondents did not record any specific arguments against this proposition or the withdrawal of the petition, but were present and heard.