Withdrawal of a writ petition without liberty bars a fresh Article 226 petition on the same cause of action.

Withdrawal of a writ petition under Article 226 without liberty to file afresh bars a later writ petition on the same cause of action as a matter of public policy. The Court applied the principle underlying Order XXIII Rule 1 CPC to writ proceedings to prevent repeated resort to extraordinary jurisdiction, abuse of process and bench-hunting. The bar is distinct from res judicata because the earlier withdrawal was without adjudication on merits, and other remedies such as a suit or an Article 32 petition may still remain available. A second writ petition on the same subject-matter was therefore not maintainable.

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Issues: Whether a fresh writ petition under Article 226 of the Constitution of India is maintainable after an earlier writ petition challenging the same order was withdrawn without liberty to file a fresh petition.

Analysis: The principle underlying Order XXIII Rule 1 of the Code of Civil Procedure, 1908, was held to apply to writ proceedings on grounds of public policy. A litigant who withdraws a writ petition without permission to institute a fresh petition is treated as having abandoned that remedy in respect of the same cause of action. This rule is designed to prevent repeated invocation of the extraordinary jurisdiction of the High Court and to discourage abuse of process and bench-hunting. The Court distinguished this position from res judicata, noting that withdrawal without adjudication on merits does not bar other remedies such as a suit or a petition under Article 32 of the Constitution of India.

Conclusion: A second writ petition under Article 226 of the Constitution of India on the same subject-matter was not maintainable after withdrawal of the earlier petition without liberty to file afresh.

Final Conclusion: The special leave petition failed, and the High Court's refusal to entertain the second writ petition was upheld.

Ratio Decidendi: Withdrawal of a writ petition under Article 226 of the Constitution of India without liberty to file a fresh petition bars a subsequent writ petition on the same cause of action as a matter of public policy and abuse-prevention, though it is not res judicata.

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