1. Writ petition — Request for withdrawal — Liberty to approach High Court under Article 226, Constitution of India. (Para 1 )
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2022 Supreme(SC) 1319
SUPREME COURT OF INDIA
L. Nageswara Rao, B.R. Gavai, JJ.
Nitish Shankar – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 1134 of 2021
Decided On : 21-01-2022
Important Points
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
Subject
Civil Law - Writ Petitions
Act Referred
Headnote
Withdrawal of Writ Petition - Permission Granted - Dismissal with Liberty
Fact of the Case:
The petitioner sought permission to withdraw the writ petition with liberty to approach the High Court by filing a writ petition under Article 226 of the Constitution of India.
Finding of the Court:
The court granted permission for the withdrawal of the writ petition and provided the petitioner with the liberty to approach the High Court by filing a writ petition under Article 226 of the Constitution of India.
Issues: Permission to withdraw the writ petition and liberty to approach the High Court.
Ratio Decidendi: The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
Final Decision: The writ petition was dismissed as withdrawn with the liberty to approach the High Court by filing a writ petition under Article 226 of the Constitution of India.
Legal Category Hierarchy
Advocates appeared:
Ms. Suchitra Pandey, Advocate, Ms. Shomila Bakshi, Advocate, For the Appellant.
Ms. Suchitra Pandey, Advocate, Ms. Shomila Bakshi, Advocate, For the Appellant.
Table of Contents
2. Petitioner sought permission to withdraw the writ petition with liberty to file a fresh petition under Article 226, Constitution of India. (Para 1 )
3. The court granted permission for the withdrawal of the petition with liberty to approach the High Court. (Para 2 )
4. A petitioner may be permitted to withdraw a writ petition with liberty to approach the High Court under Article 226, Constitution of India. (Para 1 , 2 )
5. Writ petition dismissed as withdrawn with liberty to approach the High Court under Article 226, Constitution of India. (Para 3 )
6. Whether a writ petition can be withdrawn with liberty to file a fresh petition under Article 226 of the Constitution of India?
Yes, the court may permit the withdrawal of a writ petition and grant liberty to the petitioner to approach the High Court by filing a fresh writ petition under Article 226 of the Constitution of India. (Para 1 , 2 , 3 )
ORDER
1. After arguing for sometime, learned counsel appearing for the petitioner seeks permission to withdraw this writ petition with liberty to approach the High Court by filing a writ petition under Article 226 of the Constitution of India, if so advised.
2. Permission granted.
3. The writ petition is, accordingly, dismissed as withdrawn with aforesaid liberty.
