Allahabad High Court
SRI LAXMI NARAYAN GOSWAMI AND 6 OTHERSversusTHAKUR SHRI MADAN MOHAN JI MAHARAJ VIRAJMAN MANDIR MADAN MOHAN GHERA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that the petition may be withdrawn with liberty to file a fresh petition.
Summary
The petitioners filed a writ petition under Article 227 before the Allahabad High Court. Counsel for the petitioners, Arvind Srivastava, requested permission to withdraw the petition while retaining the liberty to file a fresh petition. The court considered whether such a withdrawal with liberty to re‑file is permissible. It held that the petition could indeed be withdrawn on the terms sought. Accordingly, the writ petition was dismissed as withdrawn, and the court directed the certified copy of the judgment to be returned to the petitioner's counsel within 48 hours, with a copy to be served on the respondents if a fresh petition is filed.
Issues considered
- Whether the petitioner may be permitted to withdraw the writ petition with liberty to file a fresh petition
Subjects
- withdrawal of petition
- writ petition
- Article 227
- High Court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12225 of 2026
Sri Laxmi Narayan Goswami And 6 Others
.....Petitioner(s)
Versus
Thakur Shri Madan Mohan Ji Maharaj Virajman
Mandir Madan Mohan Ghera And Another .....Respondent(s)
Counsel for Petitioner(s) : Ankur Goyal, Arvind Srivastava
Counsel for Respondent(s) : Prashant Shukla, Rama Goel Bansal,
Shalini Goel
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Shri Arvind Srivastava, counsel for the petitioner states that he may be
permitted to withdraw this petition with liberty to file afresh.
2. In view of the prayer so made, the writ petition is dismissed as
withdrawn with the liberty as prayed for.
3. Office to returned the certified copy of the judgment to the petitioner's
counsel within 48 hours.
4. Counsel for the petitioner shall also serve a copy of the petition upon
the respondent's counsel if he files a fresh petition.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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