Writ petition dismissed as withdrawn with liberty to pursue alternative remedy before appropriate authority.

The petitioners, comprising 64 members of the Siyyon Mennonite Church, Champa, filed a writ petition under Article 226 of the Constitution of India.

They sought several reliefs, including a writ of mandamus to enforce their fundamental rights under Article 25, directions to the Additional Collector and Sub-Divisional Magistrate to arrange separate church service timings (3:00 PM to 6:00 PM), and the enforcement of an order dated November 7, 2025.

During the pendency of the matter, the petitioners filed I.A. No. 5/2026, an application seeking to withdraw the writ petition with liberty to file an appeal before the appropriate authority.

1. Whether the petitioners should be permitted to withdraw the writ petition with liberty to pursue an alternative remedy of appeal.

The Court exercised its discretionary jurisdiction under Article 226 of the Constitution of India.

The ruling follows the procedural principle that a petitioner may be permitted to withdraw a writ petition to pursue alternative statutory remedies (such as an appeal) if the Court deems it appropriate and the opposing party raises no objection.

The Court noted that the petitioners chose not to press the writ petition on its merits and instead filed an interlocutory application (I.A. No. 5/2026) for withdrawal.

The petitioners’ counsel specifically requested liberty to file an appeal before the appropriate authority.

The State respondents submitted that they had no objection to the petitioners’ prayer for withdrawal with the sought liberty.

Finding the request reasonable and unopposed, the Court allowed the withdrawal without entering into the merits of the underlying dispute regarding church timings or fundamental rights.

It granted the petitioners liberty to file an appeal before the appropriate authority.

All other pending interlocutory applications were consequently disposed of.