Miss. Binita Devi alias Binta Devi Vs. State of H.P. & Ors. CMP-T No.251 of 2025 in CWPOA No.1067 of 2019 05.06.2025 Present: Mr. Neel Kamal Sood, Senior Advocate, with Mr. Vasu Sood, Advocate, for the petitioner. Mr. Pushpinder Jaswal, Additional Advocate General, for the non-applicants/ respondents- State. Mr. Nitin Thakur, Advocate, for non-applicant/ respondent No.7. C MP-T No.251 of 2025 By way of this application, the following reliefs have been prayed:- “a) Recall the order dated 09.01.2023, whereby CWPOA No.1067 of 2019 came to be withdrawn and restore the said writ petition to its original number and stage, as it existed prior to such withdrawal; b) Permit adjudication of the matter afresh on merits, in accordance with the remand order dated 20.05.2013 passed in LPA No. 60 of 2013, which has remained unacted upon due to inadvertent and bona fide procedural lapses, rooted in systemic miscommunication, non-communication of the LPA order, prolonged clerical errors in cause lists, and the resulting uninformed withdrawal under mistaken belief; so that the remand once ordered by this Hon'ble Court may not be rendered futile, and justice may be carried forward to its lawful conclusion; c) Take judicial notice of the fact that the withdrawal of the petition was not deliberate or mala fide, but occurred under a genuine and honest misapprehension arising out of clerical errors, incorrect cause list entries, multiple changes in case numbers, and the repeated assertions of the petitioner that the matter had concluded; d) Be pleased to exercise its inherent, equitable, and discretionary jurisdiction to undo the manifest injustice caused by the unintended withdrawal, so that the binding remand order of this Hon'ble Court may be given due and meaningful effect, and the matter may be adjudicated in accordance with law.” On 09.01.2023, this Court had passed the following order:- “Learned Counsel for the petitioner submits that she has instructions to withdraw the present petition. The petition is accordingly dismissed as withdrawn. Pending miscellaneous application(s), if any, also stand disposed of accordingly.” Taking into consideration the fact that the writ petition was dismissed as withdrawn on the request of learned counsel for the petitioner, this Court sees no reason to recall the order and the grounds that were mentioned in the application otherwise also do not convince the Court so as to make out a case for recalling of the order. Accordingly, the application is dismissed. (Ajay Mohan Goel) Judge June 05, 2025 (Rishi)