Disposed¶19

Dr.Pradeep Kumar Dhal v. State of Odisha

Orissa HC18 Jun 2025WA/19/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; writ appeals W.A No. 19 of 2024 and W.A No. 78 of 2024; Dr. Pradeep Kumar Dhal v. State of Odisha & Others; withdrawal of appeals on appellant's memo; liberty to re-agitate in accordance with law; right to withdraw a proceeding incidental to right to institute it; dominant litis; consent of respondents subject to legal normative basis; Justices Dixit Krishna Shripad and M.S. Sahoo; order dated 18.06.2025; contentions kept open.

What did the court decide?

Both writ appeals permitted to be withdrawn, with liberty reserved to the appellant to re-agitate the cause in accordance with law; contentions of both the sides kept open. ¶19

Dr.Pradeep Kumar Dhal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.A NO. 19 OF 2024

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Dr. Pradeep Kumar Dhal

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…. Appellant

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Mr. B.S. Tripathy(1), Advocate

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-versus-

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State of Odisha & Others

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…. Respondents

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Mr. Satya Brata Mohanty, AGA for R-1&2 Mr. S.K. Dash, Sr. Advocate for R-3&4

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CORAM:

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JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE M.S. SAHOO ORDER 18.06.2025

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W.A No. 19 of 2024 And W.A No. 78 of 2024

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Order No.

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1. Learned counsel for the appellant has moved a memo seeking leave of the Court to withdraw the appeal. He also tells us that in respect of very same impugned order there is W.A. No. 78 of 2024, which also he wants to withdraw. Incidentally, he has mentioned about the same in the very memo itself. Therefore, though W.A. No. 78 of 2024 is not in today’s list, on being mentioned and with the consent of learned counsel for both the parties it is taken up along with W.A. No. 19 of 2024 by way of special notice.

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Learned advocates representing the respective respondents in these appeals signify their consent for the withdrawal subject to the rider that if at all liberty is reserved to re-agitate on the same cause of action, it has to be on a legal normative basis. With this, learned counsel for the appellant is agreeable.

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Right to institute a proceeding incidentally includes right to withdraw the same subject to regulation by law, said the

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Page 1 of 2

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Hon’ble Supreme Court in a catena of decisions. It is the right of the dominant litis .

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In the above circumstances, both these writ appeals are disposed of, as having been withdrawn, with the liberty to reagitate the cause in accordance with law. In that connection, contentions of both the sides are kept open.

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(Dixit Krishna Shripad) Judge

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(M.S. Sahoo) Judge

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GDS

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Signature Not Verified

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Digitally Signed Signed by: GAYADHAR SAMAL Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY Reason: Authentication Location: OHC, CUTTACK Date: 18-Jun-2025 19:34:50

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Dr.Pradeep Kumar Dhal v. State of Odisha

Case brief

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Dr.Pradeep Kumar Dhal v. State of Odisha

Case brief

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