Can a Writ Petition Be Withdrawn by Consent with Liberty to Refile?

High Court of Meghalaya Allows Withdrawal of WP(C) No. 85/2025 by Mutual Consent, Setting a Procedural Benchmark for Consent Withdrawals in Writ Proceedings

 

Summary

Category Data
Case Name WP(C) No. 85 of 2025 of M/S Colonel Shishupal Security Consultancy & Services and Anr. vs Union of India and 4 Ors.
CNR MLHC010002712025
Decision Date 18-08-2025
Disposal Nature Withdrawn (with liberty to file afresh)
Judgment Author Hon’ble Mr. Justice H. S. Thangkhiew
Court High Court of Meghalaya
Bench Single-Judge Bench
Type of Law Writ Petition under Article 226, Constitution of India
Facts as Summarised by the Court
  • Petitioners sought to withdraw the writ petition due to subsequent developments.
  • Respondents raised no objection.
  • Matter disposed with liberty to file afresh.
Citations 2025:MLHC:732

What’s New / What Lawyers Should Note

  • The High Court will entertain a petitioner’s prayer to withdraw a writ petition by mutual consent, even mid-proceedings, and grant liberty to refile if a fresh cause of action arises.
  • Absence of objection from respondents facilitates disposal on withdrawal without examining substantive claims.
  • This procedural outcome can be cited to secure withdrawal orders with re-filing rights in similar writ jurisdiction matters.

Arguments by the Parties

Petitioner

  • Sought withdrawal of WP(C) No. 85/2025 in view of other developments.
  • Requested liberty to file a fresh petition if necessary.

Respondent

  • Did not object to the prayer for withdrawal.

Factual Background

  1. The petitioners—M/s Colonel Shishupal Security Consultancy & Services and its proprietor—filed WP(C) No. 85/2025 before the High Court of Meghalaya.
  2. During pendency, “other developments” arose, prompting the petitioners to seek withdrawal of the petition.
  3. Counsel for respondents (Union of India, GeM, NEIGRIHMS authorities, and RSSO) raised no objection.
  4. On 18 August 2025, Justice H. S. Thangkhiew granted the withdrawal with liberty to file afresh if any cause of action re-emerged.

Citations

  • High Court of Meghalaya: 2025:MLHC:732
  • WP(C) No. 85 of 2025 (Meghalaya High Court)

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