Petitioner allowed to withdraw petition; case dismissed without prejudice, parties free to pursue appropriate legal remedies HC allowed the petitioner to withdraw the petition and dismissed the petition and all pending applications as withdrawn, granting liberty to institute ...
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Petitioner allowed to withdraw petition; case dismissed without prejudice, parties free to pursue appropriate legal remedies
HC allowed the petitioner to withdraw the petition and dismissed the petition and all pending applications as withdrawn, granting liberty to institute appropriate proceedings in accordance with law. The dismissal is procedural and without prejudice to the rights and contentions of both parties. The order terminates the present writ proceeding and ancillary applications but does not adjudicate any substantive issues, preserving the parties' ability to refile or pursue other remedies.
Learned counsel for the petitioner sought to withdraw the petition "with liberty to file appropriate proceedings in accordance with law." "The Petition and all pending Applications stand dismissed as withdrawn with liberty as prayed for." The dismissal is procedural and not a decision on merits; accordingly, "this order has been passed without prejudice to the rights and contentions of both parties." The effect is to terminate the present writ proceeding and any ancillary applications while preserving the parties' ability to institute fresh proceedings or pursue remedies in accordance with law. No adjudication was made on substantive issues; the court's action is confined to allowing withdrawal and granting liberty to refile.
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