LPA No. 1681 of 2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (173) LPA No. 1681 of 2026 (O&M) Date of Decision : 01.07.2026 Avtar Singh ...Appellant Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. D.V. Sharma, Senior Advocate with Ms. Shivani Sharma, Advocate for the appellant. *** Harsimran Singh Sethi, J. (Oral) 1. The present appeal has been filed against the order dated 15.05.2026 passed by the learned Single Judge in CM-7583-2026 in CWP- 34544-2025. The said order is as under :- “The present application has been filed under Article 226 of the Constitution of India for read with Section 151 of the Code of Civil Procedure, 1908 for recalling the order dated 19.11.2025 passed by this Court with liberty to avail alternative remedy available to the petitioner in accordance with law. Learned counsel for the applicant has failed to point out any apparent error or any typographical mistake and under the garb of recall, the petitioner cannot be allowed to re-agitate the claim which has already been decided by passing a detailed judgment. In view of the above, the present application is hereby dismissed.” KANCHAN 2026.07.07 15:12 I attest to the accuracy and integrity of this order/judgment LPA No. 1681 of 2026 (O&M) 2 2. Learned Senior counsel appearing on behalf of the appellant submits that though, a detailed order was passed by the learned Single Judge on merit on 19.11.2025 in CWP No. 34544 of 2025 against which an LPA No. 519 of 2026 was filed, which was disposed of on 06.04.2026 with the liberty to the appellant to withdraw the writ petition, when such application was moved, the same has been dismissed on 15.05.2026. Learned Senior counsel submits that the withdrawal of the writ petition is the right of the writ petitioners, which has not been appreciated by the learned Single Judge while passing the order dated 15.05.2026. 3. We have heard learned Senior counsel for the appellant and have gone through the record with his able assistance. 4. It may be noticed that before an issue is decided on merit, the writ petitioner has a right to withdraw the writ petition but once, he has suffered an adverse order on merit, subsequently, in order to overcome the same, the writ petition cannot be sought to be withdrawn so as to avail any alternate remedy on the same issue raised and decided by the learned Single Judge. 5. Further, in the present appeal, there is no challenge to the detailed order passed by the learned Single Judge dated 19.11.2025 deciding the issue on merit. Once, there is no challenge to the same, allowing the withdrawal of the writ petition would mean that despite subsistence of a valid order, still liberty is being given to the appellant to avail any other remedy, which is not permissible. 6. Keeping in view the above, only remedy was to assail the order dated 19.11.2025 which was done while filing LPA No. 519 of 2026, which KANCHAN 2026.07.07 15:12 I attest to the accuracy and integrity of this order/judgment LPA No. 1681 of 2026 (O&M) 3 has been withdrawn and in the present LPA, there is no challenge to the said order passed by the learned Single Judge. Hence, no ground is made out for any interference by this Court in the present appeal. 7. Thus, present Letters Patent Appeal stands dismissed. 8. Pending miscellaneous application, if any, also stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) July 01, 2026 JUDGE kanchan Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2026.07.07 15:12 I attest to the accuracy and integrity of this order/judgment