Can a High Court Grant Withdrawal of a Writ Petition with Liberty to Refile?

Orissa High Court affirms discretionary power under Article 226 to allow petitioners to withdraw and refile with better particulars

 

Summary

Category Data
Case Name WP(C)/21531/2025 of Ajaya Kumar Jena, Havildar (Armed) Vs State of Odisha
CNR ODHC010533802025
Decision Date 18-08-2025
Disposal Nature Disposed Off
Judgment Author Justice Biraja Prasanna Satapathy
Court Orissa High Court, Cuttack
Bench Single Judge

Summary of Legal Reasoning

  • Upon hearing learned counsel for the petitioner, the Court noted the request to withdraw the writ petition while granting liberty to file a better application with better particulars, and accordingly disposed of the petition as withdrawn.

Arguments by the Parties

Petitioner

  • Prayed for withdrawal of the writ petition with liberty to file a better application containing improved particulars.

Factual Background

  1. The petitioner filed Writ Petition (Civil) No. 21531 of 2025 before the Orissa High Court.
  2. At the hearing, learned counsel for the petitioner sought permission to withdraw the petition and pray for liberty to present a more detailed application.
  3. The Court allowed the prayer, disposed of the petition as withdrawn, and granted liberty to file a better application with better particulars.

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