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Allahabad High Court

SATISH YADAV AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The petition is dismissed as withdrawn, granting the petitioners liberty to file a fresh petition.

Summary

The petitioners, Satish Yadav and three others, filed a petition under Article 227 before the Allahabad High Court. Their counsel sought permission to withdraw the petition, citing inherent defects in the filing. The respondents, the State of Uttar Pradesh and another party, were represented by counsel present in court. The Court considered whether a petition could be withdrawn with liberty to re‑file a fresh petition. It held that the petition could indeed be withdrawn and granted the petitioners liberty to file a new petition. Accordingly, the Court dismissed the present petition as withdrawn with liberty to file afresh.

Issues considered

  • Whether the petition may be withdrawn with liberty to file a fresh petition under the inherent powers of the Court

Subjects

  • withdrawal of petition
  • inherent defects
  • Article 227
  • High Court procedure
  • liberty to re‑file

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12154 of 2026

                                    Satish Yadav And 3 Others
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Jitendra Pal Singh Jadaun, Pradeep
                                                                     Kumar Mishra, Subhi Ojha, Sr.
                                                                     Advocate
                                    Counsel for Respondent(s)      : Ashutosh Tripathi, Devesh Kumar
                                                                     Shukla, G.A., Vivek Tripathi

                                    Court No. - 55
                                                     HON'BLE VIKRAM D. CHAUHAN, J.

                                    Learned counsel for the petitioner states that he may be permitted to
                                    withdraw this petition with liberty to file afresh as there are inherent
                                    defects.

                                    Accordingly, the present petition is dismissed as withdrawn with liberty
                                    as prayed for.

                                    Certified copy, if any, shall be returned to the learned counsel for the
                                    petitioner after retaining a photocopy of the same.

                                    Sri Ashutosh Tripathi, learned counsel for respondent no.2 is present.



                                                                                     (Vikram D. Chauhan,J.)
                                    September 21, 2026
                                    Bhaskar




Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad


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