Affirming Existing Procedural Practice by the Orissa High Court to Dispose Writ Petitions as Withdrawn While Preserving Litigants’ Right to Re-file
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/22562/2025 of GYANENDRA PATRO Vs THE COLLECTOR AND DISTRICT MAGISTRATE NABARANGPUR |
| CNR | ODHC010566512025 |
| Date of Registration | 12-08-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Mr. Justice Biraja Prasanna Satapathy |
| Court | Orissa High Court |
| Bench | Single Judge Bench |
| Precedent Value | Binding Authority |
| Overrules / Affirms | Affirms |
| Type of Law | Procedural Writ Jurisdiction |
| Questions of Law | Whether a writ petition may be withdrawn with liberty to file a better petition |
| Ratio Decidendi |
The court held that upon the petitioner’s prayer for withdrawal of the writ petition with liberty to file a better petition, the writ petition may be disposed as withdrawn granting such liberty. The court’s order does not address the merits of the underlying plea but ensures that the petitioner retains the right to initiate proceedings afresh with improved particulars. Such disposal aligns with established procedural practice under Article 226, permitting litigants to refine their petitions. |