R. Samarasekara vs A. Bodaragama – CA WRIT 28/2014-2014

In the case between R. Samarasekara, proprietor of ‘Sanula Guest House and Restaurant’, and A. Bodaragama (Deputy Commissioner of Excise), D.G.M.V. Hapuarachchi (Commissioner General of Excise), and B. S. Ranjitha (Divisional Secretary, Dickwella), the court addressed the issue of whether the petitioner could withdraw a writ application with liberty to file a fresh application if needed. It was determined that withdrawal should be permitted, with the application dismissed and no costs awarded. This outcome reaffirmed the principle that procedural discretion may be exercised to allow withdrawal of proceedings when circumstances justify, without penalty costs. The decision was grounded in procedural fairness, underscoring that voluntary withdrawal does not preclude future applications on the