Surya Narayan Sahu vs. State Of Odisha

Facts

The petitioner, Surya Narayan Shu, filed a writ petition before the High Court of Orissa at Cuttack. The Opposite Parties included the State of Odisha and others, represented by the Additional Government Advocate and counsel for CT & GST. The specific tax period, the order or action under challenge, the authority that passed it, and the amount in dispute are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed.

Held

The Court granted the petitioner's request to withdraw the writ petition. The Court held that the writ petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition in accordance with law. No specific reasoning was provided for this decision beyond acceding to the petitioner's request. The ratio decidendi is that a petitioner can withdraw a writ petition with liberty to refile if the Court permits it. The operative direction is the dismissal of the writ petition as withdrawn with liberty to file a fresh petition.

Key Issues

1. Whether the petitioner should be granted leave to withdraw the writ petition with liberty to file a fresh petition in accordance with law? The petitioner sought to withdraw the writ petition with liberty to file a fresh petition. The revenue or State did not record any specific argument against this request.