Facts
Azad Amhed Chiloo, along with 25 other applicants, filed T.A. No. 4665/2020 against the Union of India and various departments of Prasar Bharti, including the Secretary to Information and Broadcasting, CEO Prasar Bharti, Director General All India Radio, and Head of Department Radio Kashmir Srinagar
Source reference: p.1, p.2, p.3Subsequently, M.A. No. 224/2026 was filed by the learned counsel for the petitioners, specifically seeking the withdrawal of T.A. No. 4665/2020 on behalf of Applicant No. 5, Asif Bashir
Source reference: p.1, p.3Applicant No. 5 expressed an unwillingness to press the original application further due to subsequent developments and requested liberty to file a fresh application if the cause of action survives or arises in the future
Source reference: p.3, p.4Issues
1. Whether Miscellaneous Application No. 224/2026, seeking withdrawal of T.A. No. 4665/2020 on behalf of Applicant No. 5, should be allowed
Source reference: p.32. Whether Applicant No. 5 should be granted liberty to file a fresh application if the cause of action survives or arises in the future
Source reference: p.3, p.4Law Applied
The court applied the general procedural principle allowing a party to withdraw an application, particularly when subsequent developments render it unnecessary, while also preserving the right to approach the court again if a valid cause of action subsequently arises
Source reference: p.3, p.4Reasoning
The court considered the submission made by the learned counsel for the petitioners, on behalf of Applicant No. 5, stating that Applicant No. 5 no longer wished to pursue the present Original Application due to subsequent developments
Source reference: p.3The counsel's request for liberty to file a fresh application in the future, should the cause of action survive or arise, was deemed essential to safeguard the applicant’s rights without prejudicing the merits of the case
Source reference: p.3, p.4Based on these submissions and the averments in M.A. No. 224/2026, the court decided to allow the withdrawal and grant the requested liberty
Source reference: p.4Holding
The court allowed M.A. No. 224/2026
Accordingly, T.A. No. 4665/2020, pertaining solely to Applicant No. 5, was dismissed as withdrawn
Source reference: p.4Applicant No. 5 was granted liberty to file a fresh application if the cause of action survives or arises in the future
Source reference: p.4Original Court PDF
Azad Amhed Chiloo & Ors. v. Union of India & Ors. [T.A. No. 4665 of 2020]
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