What Is the Precedential Value When a Writ Petition Is Dismissed as Withdrawn? Does Such an Order Create Binding or Persuasive Authority?

Where a writ petition is dismissed as withdrawn without a decision on merits, the order does not establish any binding or persuasive precedent for future cases. The court simply records the request and orders dismissal without addressing substantive legal issues, maintaining the status quo within judicial precedent.

 

Summary

Category Data
Case Name WPSB/237/2025 of AJAB SINGH RAWAT Vs STATE OF UTTARAKHAND
CNR UKHC010088262025
Date of Registration 16-06-2025
Decision Date 10-09-2025
Disposal Nature DISMISSED AS WITHDRAWN
Judgment Author HON’BLE MR. JUSTICE G. NARENDAR, HON’BLE MR. JUSTICE SUBHASH UPADHYAY
Court High Court of Uttarakhand
Bench Division Bench: Chief Justice G. Narendar, Justice Subhash Upadhyay

Practical Impact

Category Impact
Binding On No binding effect; does not create precedent for subordinate courts
Persuasive For Not a persuasive authority for other High Courts or the Supreme Court

What’s New / What Lawyers Should Note

  • The dismissal of a petition as withdrawn, without any decision on legal merits, does not result in a precedent.
  • Such disposal should not be cited as authority for any legal proposition in future litigation.
  • The court merely records the withdrawal and does not opine on any substantive legal question.

Summary of Legal Reasoning

  • The order states that the petitioner sought leave to withdraw the writ petition.
  • The court records the submission and dismisses the writ petition as withdrawn.
  • No discussion or analysis of facts or legal questions was undertaken.
  • The judgment is purely procedural, without any evaluation of rights or statutory interpretation.

Arguments by the Parties

Petitioner

  • Sought leave to withdraw the writ petition.

Respondent

No arguments recorded in the judgment.

Factual Background

  • The matter came before the High Court of Uttarakhand as Writ Petition (S/B) No.237 of 2025.
  • On the date of hearing, the petitioner’s counsel requested withdrawal of the petition.
  • The court granted leave and dismissed the petition as withdrawn without entering into the merits.

Statutory Analysis

The judgment does not discuss or interpret any statutory provisions.

Alert Indicators

  • ✔ Precedent Followed – The order maintains existing principles that withdrawal, without a decision on merits, does not establish precedent.

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