Can a High Court Permit Withdrawal of a Writ Petition with Liberty to File a Better Petition?

Reaffirmation of Discretionary Power to Allow Withdrawal of WP(C) with Leave to Refile

 

Summary

Category Data
Case Name WP(C)/22467/2025 of SOURAVA JYOTI NAYAK Vs STATE OF ODISHA
CNR ODHC010545902025
Date of Registration 11-08-2025
Decision Date 18-08-2025
Disposal Nature Disposed of as withdrawn
Judgment Author Mr. Justice Biraja Prasanna Satapathy
Court Orissa High Court
Bench Single Judge

What’s New / What Lawyers Should Note

  • The High Court may allow petitioners to withdraw a writ petition with liberty to file a better petition containing improved particulars.

Arguments by the Parties

Petitioner

  • Sought leave to withdraw the writ petition with liberty to file a more detailed petition with better particulars.

Factual Background

The petitioners filed W.P.(C) No.22467/2025 before the Orissa High Court. During hearing, learned counsel for the petitioners prayed for withdrawal of the petition with liberty to file a better petition with better particulars. The Court granted the prayer and disposed of the petition as withdrawn with the aforementioned liberty.

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