The Chhattisgarh High Court reiterated that a writ petition may be withdrawn by the petitioner at any stage without opposition, resulting in dismissal as withdrawn. This judgment affirms established procedural law and provides binding authority on the permissibility and effect of voluntary withdrawal, with precedent value for future writ proceedings.
Summary
| Category | Data |
|---|---|
| Case Name | WPS/4887/2022 of RAJESH KUMAR SAHU Vs STATE OF CHHATTISGARH |
| CNR | CGHC010217912022 |
| Date of Registration | 12-07-2022 |
| Decision Date | 17-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE SHRI JUSTICE SACHIN SINGH RAJPUT |
| Court | High Court of Chhattisgarh at Bilaspur |
| Precedent Value |
|
| Type of Law | Procedural Law—Writ Proceedings |
| Ratio Decidendi |
The High Court reaffirmed that a writ petitioner has the right to seek withdrawal of their writ petition at any stage. When such withdrawal is sought and not opposed by the respondent, the Court may dismiss the petition as withdrawn. No adjudication on merits occurs in such dismissal, and the Court’s procedural order governs the disposal. This affirms current procedural practice and does not set substantive precedent on the underlying merits. |
| Facts as Summarised by the Court |
The learned counsel for the petitioner sought withdrawal of the writ petition. This was not opposed by the respondent. As a result, the writ petition was dismissed as withdrawn. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Chhattisgarh regarding writ petition withdrawal procedure |
| Persuasive For | Other High Courts considering similar applications for withdrawal of writ petitions |
What’s New / What Lawyers Should Note
- The Court confirms that withdrawal of a writ petition is permissible at any stage upon the petitioner’s request, without the need for opposition.
- No decision is rendered on merits when a writ petition is dismissed as withdrawn; such dismissal is strictly procedural.
- Lawyers filing or defending writs in Chhattisgarh can rely on this judgment for clarity on voluntary withdrawal protocols.
Summary of Legal Reasoning
- The Court noted the petitioner’s learned counsel sought withdrawal of the writ petition.
- The request to withdraw was not opposed by the respondents.
- Accordingly, the Court ordered dismissal of the writ petition as withdrawn.
- No further reasoning or reference to other authorities was recorded, reflecting the routine and procedural nature of the order.
- The order did not enter into the merits of the case, and no broader legal principles or interpretations were articulated.
Arguments by the Parties
Petitioner
- Sought withdrawal of the writ petition.
Respondent
- Did not oppose the withdrawal of the writ petition.
Factual Background
The petitioner, an employee working in a Government Primary School, had filed a writ petition against various State education authorities. During the course of proceedings, the petitioner’s counsel sought permission to withdraw the petition. The respondents did not object, leading to the Court’s order dismissing the petition as withdrawn.
Statutory Analysis
- The judgment does not discuss or interpret any specific statutory provision.
- The order is procedural, addressing only the mechanism of withdrawing a writ petition under the Court’s inherent powers in writ jurisdiction.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No new procedural innovations or directions were issued; the judgment follows established protocol for withdrawal of writ petitions.
Alert Indicators
- ✔ Precedent Followed – Confirms established procedural law regarding withdrawal of writ petitions.