New Delhi: The Supreme Court has held that two separate and distinct reliefs cannot be combined in a single writ petition, and permitted the withdrawal of a petition with liberty to file a fresh petition limited to one specific relief.
A vacation Bench comprising the Chief Justice and Justice Joymalya Bagchi passed the order while hearing a writ petition filed by Pradhyumansinh Pravinsinh Rathod challenging the provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020.
The petitioner had sought two reliefs in the same writ petition: first, a challenge to the constitutional validity (vires) of the Gujarat Land Grabbing (Prohibition) Act, 2020; and second, the quashing of an FIR registered against him along with consequential pre-arrest bail.
The Court observed that these two reliefs—a constitutional challenge to legislation and relief in a criminal matter—cannot be intermingled in one writ petition. Learned counsel for the petitioner thereafter sought permission to withdraw the petition, which the Court granted.
The Court permitted the petitioner to file a fresh writ petition strictly limited to challenging the vires of the Gujarat Land Grabbing (Prohibition) Act, 2020. As regards the prayer for quashing of the FIR and grant of pre-arrest bail, the Court granted liberty to the petitioner to approach the jurisdictional court with such prayers.
To enable the petitioner to approach the appropriate forum, the Court granted interim protection against arrest for a period of two weeks.
The Court expressly clarified that it had not expressed any opinion on the merits of the petitioner’s claims concerning either the quashing of the FIR or the grant of bail, and that the jurisdictional court shall decide such claims independently on their own merits.
Accordingly, the writ petition was dismissed as withdrawn with the liberties granted as indicated above.
Case Title: Pradhyumansinh Pravinsinh Rathod v. State of Gujarat & Ors.
