HOMFRAYGUNJ MARTYRS MEMORIAL COMMITTEE vs UNION OF INDIA .

The Supreme Court held that the dismissal of a Writ Petition under Article 32 of the Constitution as withdrawn does not preclude the petitioner from filing a fresh Writ Application under Article 226 for the same relief. The Court found that the High Court erred in dismissing the Writ Application on maintainability grounds after the prior petition was withdrawn. Consequently, the Supreme Court set aside the High Court's orders and directed it to decide the Writ Application afresh within four months, without addressing the merits of the case.