Affirming that a petitioner’s prayer for withdrawal during hearing leads to dismissal without merits adjudication; binding on subordinate courts in writ practice.
Summary
| Category | Data |
|---|---|
| Case Name | W.P.(C) No.11771 of 2025 of TARANISEN ROUT Vs BRANCH MANAGER, CHOLAMANDALAM INV. FIN. CO. LTD., JAJPUR |
| CNR | ODHC010303012025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Withdrawn |
| Judgment Author | Dr. Justice Sanjeeb K. Panigrahi |
| Court | Orissa High Court |
| Bench | Single Judge |
| Precedent Value | Reaffirmation |
| Overrules / Affirms | Affirms existing practice |
| Type of Law | Writ Petition Practice |
| Questions of Law | Whether a writ petition can be withdrawn at the hearing stage and dismissed as withdrawn. |
| Ratio Decidendi (3–8 sentences) |
The court held that, upon a petitioner’s prayer for withdrawal during the hearing, the High Court may record the request and dismiss the writ petition as withdrawn. No adjudication on the merits is required once withdrawal is sought. Such dismissal does not constitute a decision on the underlying issues. The exercise of this power aligns with procedural efficiency in writ practice. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under the Orissa High Court |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Confirms that a petitioner’s prayer for withdrawal at the hearing stage suffices for dismissal as withdrawn.
- Establishes that the High Court need not examine merits once withdrawal is sought.
- Lawyers may cite this order to streamline withdrawal applications in writ proceedings.
Summary of Legal Reasoning
- The court heard the matter in a hybrid arrangement.
- Learned counsel for the petitioner prayed for withdrawal of the writ petition.
- In view of the withdrawal request, the court recorded the prayer and dismissed the petition as withdrawn without addressing substantive issues.
Arguments by the Parties
Petitioner
- Prayed for withdrawal of the writ petition.
Respondent
- No submissions recorded.
Factual Background
A writ petition numbered WP(C) No.11771 of 2025 was filed by Taranisen Rout against the Branch Manager of Cholamandalam Inv. Fin. Co. Ltd., Jajpur. The matter was taken up through a hybrid hearing arrangement on 18.08.2025. During the hearing, learned counsel for the petitioner sought permission to withdraw the petition. No other factual details were recorded. The High Court dismissed the petition as withdrawn based solely on that prayer.
Alert Indicators
- ✔ Precedent Followed – The order reaffirms established practice regarding withdrawal of writ petitions.