Does Withdrawal of a Writ Petition Under Article 226 Result in Any Pronouncement on the Merits or Clarification of Law? (Binding Value of Dismissals on Withdrawal)

When a writ petition is dismissed as withdrawn at the very outset on request of the petitioner, the court does not adjudicate any legal issue or provide binding precedent on merits. Such an order is not precedent for future cases and does not affect the substantive rights or liabilities at issue.

 

Summary

Category Data
Case Name CWP/5290/2024 of M/S DEEPAK BUILDERS AND ENGINEERS PVT. LTD. Vs UT CHD. AND OTHERS
CNR PHHC010290372024
Date of Registration 02-03-2024
Decision Date 30-10-2025
Disposal Nature DISMISSED
Judgment Author MR. JUSTICE HARSH BUNGER
Court High Court of Punjab and Haryana
Precedent Value Not a precedent on merits (no law laid down)

Practical Impact

Category Impact
Binding On Not binding; no pronouncement on merits or law
Persuasive For Not persuasive on substantive legal issues

What’s New / What Lawyers Should Note

  • Dismissal as withdrawn at the request of the petitioner means the court has not ruled on any legal issue or on the validity of the impugned notices.
  • Such orders carry no precedential weight on questions of law or fact.

Summary of Legal Reasoning

  • The judgment records that the petitioner sought withdrawal of the writ petition at the outset.
  • The bench does not address the merits of the petition, the impugned notices, or any legal issue.
  • The court accordingly dismisses the petition as withdrawn, with closure of all pending applications.

Arguments by the Parties

Petitioner

Learned counsel appearing for the petitioner submitted instructions to withdraw the instant writ petition.

Respondent

No arguments on merits recorded in the judgment.

Factual Background

  • The petitioner had filed a writ petition under Article 226 of the Constitution, seeking to quash notices dated 20.09.2023 and 13.02.2024.
  • Before arguments could be advanced, counsel for the petitioner sought to withdraw the writ petition.

Statutory Analysis

  • Article 226 of the Constitution of India was invoked in seeking writ jurisdiction.
  • No statutory interpretation, narrowing, or reading down was undertaken, as no merits were considered.

Procedural Innovations

No procedural innovations noted; standard procedure followed for withdrawal and dismissal of writ petitions.

Alert Indicators

  • ✔ Precedent Followed – No new law, precedent, or deviation; standard dismissal on withdrawal.

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