Withdrawal of special leave petition is not dismissal and does not by itself bar a later writ petition on res judicata grounds.

An order permitting unconditional withdrawal of a special leave petition cannot be treated as a dismissal unless the order itself expressly so states or otherwise records rejection on merits. Because withdrawal without adjudication does not amount to a decision on the merits, it does not attract res judicata and cannot, by itself, justify refusal of a later writ petition under Article 226. The High Court therefore erred in declining relief solely on the ground of such withdrawal, and the writ petition had to be considered on merits.

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Issues: (i) Whether unconditional withdrawal of a special leave petition can be equated with its dismissal. (ii) Whether such withdrawal bars or justifies refusal of relief in a subsequent writ petition under Article 226 of the Constitution of India.

Issue (i): Whether unconditional withdrawal of a special leave petition can be equated with its dismissal.

Analysis: The order permitting withdrawal had to be read as it stood. In the absence of any express dismissal or indication in the order itself, no assumption could be made that the petition had been rejected on merits. A withdrawal stands on a different footing from dismissal, and the Court declined to infer dismissal from surrounding circumstances or conjecture.

Conclusion: Withdrawal of the special leave petition could not be treated as dismissal.

Issue (ii): Whether such withdrawal bars or justifies refusal of relief in a subsequent writ petition under Article 226 of the Constitution of India.

Analysis: A withdrawal without adjudication on merits does not attract the bar of res judicata. The earlier authorities dealing with dismissal of special leave petitions or with materially different facts did not support treating withdrawal as a bar to writ jurisdiction. The High Court therefore erred in refusing to entertain the writ petition solely on the ground of unconditional withdrawal of the special leave petition.

Conclusion: The subsequent writ petition was not barred, and refusal of relief on that sole ground was unjustified.

Final Conclusion: The appeal succeeded, the High Court's order was set aside, and the writ petition was remitted for decision on merits.

Ratio Decidendi: An order permitting withdrawal of a special leave petition is not equivalent to dismissal, and where no adjudication on merits has occurred, the withdrawal does not by itself operate as res judicata or justify rejection of a later writ petition on that sole ground.

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