Pending of writ petition,another writ petition filed and got direction from high court

Maria Joseph (Querist) 05 December 2015 This query is : Resolved
Dear sirs,

I have filed a writ petiton to remove an encroachment in front of my building shops which is pending.(municipality & 6 encroachers as respondents).
After 3 months of time i have filed another writ petition(PIL) in the name of my wife(not disclosed as my wife in affidavit)seeking to remove the encroachment in the particular public pathway.And finally i got direction order from court.

Through the order the municipality has evicted the encroachments.After one day of eviction,the 6 encroachers have filed a new writ petition and got interim stay for 3 weeks against municipality.In their affidavit they have mentioned "PENDING OF THE 1ST WRIT PETITION,ANOTHER WRIT PETITION WAS FILED SEEKING THE SIMILAR RELIEF THROUGH THE 5TH RESPONDENT(MY WIFE)".

The 6 encroachers has filed the affidavit as to grant leave to file the review against the order and thus render justice.

Please suggest me the steps how i can go as a intervenor and vacate the interim stay??

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Guest (Expert) 06 December 2015
PIL writ issued by High court is superior to an individual's petition on same matter.

Hence you should withdraw the petition mentioning that it becomes infructuous in view of already existing directions now by the high court.

If stay is taken based on your petition pending it will become useless.
Alternatively your wife can inform high court that prior pending petition is on same matter and hence no more effective.

Maria Joseph (Querist) 06 December 2015
Thank you sir for your response.
I forgot to withdraw my 1st writ petition(pending) after getting order from my wife writ petition.
Now the respondents(6 encroachers)has filed an another wp(MP 1) claiming that my wife had got order for the similiar relief and requesting the court to grant leave to file their review petition against the order.
They filed another MP 2 and got interim injuction for 3 weeks against municipality.But actually the municipality has evicted the encroachments before the start of interim injunction time period.

Now the problem whether i can withdraw my pending wp even after the respondents provided Vakalat(no counter filed) and within this interim injuction period???
What more i can do to solve the case and answer to court????

Guest (Expert) 06 December 2015
Why you are bothered about what other party does?

You can withdraw your suit any time you want.Or just stop following it and it will be dismissed in default.
Please understand that there is clause of res adjudicata. When a matter is already SETTLED another same level court cant hold hearing.

You wife can join the SLP or whatever petition filed by encroachers and oppose it.

R.K Nanda (Expert) 06 December 2015
1. withdraw ur first writ petition from concerned court.

2. if ur also a party in writ filed by encroachers then submit ur arguments in court and pray to court to vacate the said stay .

3. if ur not a party in writ filed by encroachers then file application in court to make you a party in said writ and defend said writ strongly.

Guest (Expert) 06 December 2015
Well advised with Mr Nanda

Rajendra K Goyal (Expert) 06 December 2015
Agree with the expert R.K. Nanda.

Dr J C Vashista (Expert) 07 December 2015
Very well advised by expert Mr. RK Nanda.

Kumar Doab (Expert) 07 December 2015
Suitable advised.

Your lawyer shall do the needful.

Maria Joseph (Querist) 11 December 2015
Thank you sirs for your kind advice

K.S.Srinivas (Expert) 11 December 2015
Already the above experts answered your query. Now approach your advocate and take necessary action.

T. Kalaiselvan, Advocate (Expert) 13 December 2015
Hope the advises by experts above have convinced you about next course of action to be taken on this subject.

Pending of writ petition,another writ petition filed and got direction from high court

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