Yes – the High Court grants dismissal as withdrawn on joint prayer, upholding established practice, and allows a fresh petition post-appeal; persuasive for service-benefits litigation.
Summary
| Category | Data |
|---|---|
| Case Name | CW/18466/2013 of KAILASH NARAIN SHARMA Vs STATE OF RAJ AND ORS |
| CNR | RJHC020254562013 |
| Date of Registration | 09-10-2013 |
| Decision Date | 25-08-2025 |
| Disposal Nature | WITHDRAWN |
| Judgment Author | Mahendar Kumar Goyal, J. |
| Court | High Court of Judicature for Rajasthan, Bench at Jaipur |
| Bench | Single Judge |
| Overrules / Affirms | Affirms established practice |
| Type of Law | Civil writ petition – service-benefits |
| Questions of Law | Whether a pending writ petition can be dismissed as withdrawn with liberty to file a fresh petition after disposal of a conviction appeal. |
| Ratio Decidendi | The High Court held that where the petitioner, during pendency of a service-benefits writ petition, stands convicted and an appeal is pending, a joint prayer by the petitioner to withdraw with liberty to refile should be granted in the absence of opposition. |
| Facts as Summarised by the Court | The petitioner filed a writ petition for service benefits; during pendency he was convicted under the Prevention of Corruption Act, 1988 and an appeal is pending; he sought withdrawal with leave to file afresh after appeal; respondents did not oppose. |
| Citations | [2025:RJ-JP:33581] |
What’s New / What Lawyers Should Note
- The High Court will dismiss a service-benefits writ petition as withdrawn where the petitioner requests it and respondents do not oppose.
- Such dismissal can be granted with express liberty to file a fresh petition after appellate proceedings conclude.
- Counsel may use this order to manage parallel service-benefits and criminal appeals without prejudice.
Summary of Legal Reasoning
- Petitioner’s counsel informed the Court of conviction under the Prevention of Corruption Act and pending appeal.
- A joint prayer was made to withdraw the writ petition with liberty to refile post-appeal.
- No respondent opposed the prayer.
- The Court, exercising its discretion, allowed dismissal as withdrawn with liberty to file a fresh writ petition after the appeal’s disposal.
Arguments by the Parties
Petitioner
- Sought permission to withdraw the pending writ petition for service benefits.
- Requested liberty to file a fresh petition after the appellate decision in his corruption‐conviction appeal.
Respondents
- Did not oppose the withdrawal prayer.
Factual Background
The petitioner filed Writ Petition No. 18466/2013 in the Rajasthan High Court seeking payment of service benefits. During its pendency, he was convicted under the Prevention of Corruption Act, 1988, and his appeal against that conviction remains pending. He approached the High Court to withdraw the writ petition with liberty to initiate a fresh petition upon disposal of the criminal appeal. The respondents raised no objection to this request.
Procedural Innovations
- Confirms that a jointly sought withdrawal of a writ petition, even in a service-benefits context, can be formalized with leave to refile.
- Reinforces the Court’s discretion to manage writ petitions in tandem with parallel criminal appeals.
Citations
- [2025:RJ-JP:33581]
- CNR RJHC020254562013