Back
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
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Final Decision: The writ petition was dismissed as withdrawn with the liberty to approach the High Court by filing a writ petition under Article 226 of the Constitution of India.
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 The writ petition is, accordingly, dismissed as withdrawn with aforesaid liberty.
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
A petitioner may withdraw a writ petition and be granted liberty to file a fresh petition under Article 227 of the Constitution of India provided the court permits such withdrawal.
Petitioner allowed to withdraw writ petition with liberty to file a fresh petition.
A petitioner may seek and be granted permission to withdraw a writ petition with the liberty to file a fresh petition when circumstances warrant.
Court permitted withdrawal of writ petition without prejudice to file fresh petition.
Court permitted withdrawal of writ petition after arguments, dismissing without costs.
The court maintains the discretionary power to allow a petitioner to withdraw a writ petition with the liberty to initiate fresh proceedings if the circumstances justify doing so.
Petitioners may withdraw their writ petition with permission to file a fresh application, affirming procedural compliance.
Petition withdrawn with liberty to refile at appropriate stage.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
