Facts
The case involved 157 applicants, led by Farooq Ahmad Tantray, who filed a Transferred Application (T.A. No. 16/2026) against the Union Territory of Jammu & Kashmir and the Public Health Engineering (PHE) Department
Source reference: p.1-9During the pendency of the matter, the applicants moved a Miscellaneous Application (M.A. No. 440/2026) before the Tribunal
Source reference: p.10The purpose of the M.A. was to seek the formal withdrawal of the main T.A. while reserving the right to file a fresh petition at a later stage
Source reference: p.10, para 1Issues
Whether the applicants should be permitted to withdraw the Transferred Application with liberty to file afresh if the cause of action survives
Source reference: p.10, para 1-2Law Applied
the inherent and procedural powers of the Tribunal to permit the withdrawal of a claim as per the Central Administrative Tribunal (Procedure) Rules, 1987
Source reference: p.10the underlying principles of Order XXIII Rule 1 of the Code of Civil Procedure, 1908, which governs the withdrawal of suits and the granting of liberty to institute fresh proceedings on the same subject matter
Source reference: p.10Reasoning
The Tribunal considered the oral submissions made by the counsel for the applicants and the written averments detailed in the withdrawal application (M.A. No. 440/2026)
Source reference: p.10, para 2The court noted that the applicants explicitly requested liberty to file a fresh petition.
Source reference: p.10, para 2The court’s reasoning was based on the premise that a party may be allowed to withdraw their claim without a decision on the merits, provided that the court grants specific liberty to re-approach the forum if the underlying grievance remains unresolved
Source reference: p.10, para 2-3Holding
The Tribunal allowed M.A. No. 440/2026 and granted the applicants permission to withdraw the main T.A.
The court specifically held that the applicants are at liberty to file a fresh application in the event the cause of action survives
Source reference: p.10, para 2Accordingly, T.A. No. 16/2026 was dismissed as withdrawn, with no order as to costs
Source reference: p.10, para 3-4Original Court PDF
Faropoq Ahmad TantrayvsJAL SHAKTI DEPARTMENT
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