Case Note & Summary
The appellants, Smt. M. Manjula, Smt. M. Saraswathi, and Smt. M. Gayathri, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging the judgment and order dated 10th June 2022 passed by a learned Single Judge in W.P. No. 18014/2021. The writ petition pertained to a dispute regarding caste certificate cancellation under the SC/ST Act. The appellants had earlier filed a writ petition which was withdrawn without seeking liberty to file a fresh petition. Subsequently, they filed another writ petition on the same cause of action, which was dismissed by the learned Single Judge. In the appeal, the appellants sought to set aside the order of the Single Judge. However, during the hearing, the learned counsel for the appellants submitted that the appellants did not wish to press the appeal and sought to withdraw it. The court accordingly dismissed the appeal as withdrawn. The court did not address the merits of the case as the appeal was withdrawn. The judgment was delivered by a Division Bench comprising Hon'ble the Chief Justice Mr. Justice N. V. Anjaria and Hon'ble Mr Justice K. V. Aravind on 25th November 2024.
Headnote
A) Civil Procedure - Withdrawal of Petition - Liberty to File Fresh Petition - Section 4, Karnataka High Court Act, 1961 - The appellants had withdrawn the earlier writ petition without seeking liberty to file a fresh petition. The court held that the withdrawal without liberty operates as a bar to filing a subsequent petition on the same cause of action. The appeal against the dismissal of the subsequent petition was dismissed as withdrawn. (Paras 2-3)
Issue of Consideration
Whether the appellants are entitled to file a fresh writ petition after withdrawing the earlier writ petition without seeking liberty to file a fresh petition.
Final Decision
The appeal is dismissed as withdrawn.
Law Points
- Withdrawal of writ petition without liberty to file fresh petition bars subsequent petition on same cause of action
- Karnataka High Court Act
- 1961
- Section 4
