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Allahabad High Court

SHRI LAKHAN PRATAPversusM/S BASANT OVERSEAS AT BYE PASS ROAD, AGRA AND 2 OTHERS

Decided

Holding

The Court held that a petition may be withdrawn and consequently dismissed as withdrawn.

Summary

The petitioner, Shri Lakhan Pratap, sought to withdraw his writ petition filed under Article 227, requesting liberty to appeal the order he was challenging. The respondent, M/S Basant Overseas and others, were served with notice. The petitioner’s counsel formally requested withdrawal. The High Court considered whether such a withdrawal could be permitted and, finding no objection, dismissed the petition as withdrawn. The court directed the office to return the certified copy of the orders to the petitioner’s counsel within 48 hours. No substantive merits of the original petition were addressed.

Issues considered

  • Whether a writ petition filed under Article 227 can be withdrawn with liberty to file an appeal against the impugned order?

Subjects

  • withdrawal of petition
  • Article 227
  • writ petition
  • High Court of Allahabad
  • petition dismissed

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13327 of 2026

                                    Shri Lakhan Pratap
                                                                                                 .....Petitioner(s)
                                                                        Versus

                                    M/S Basant Overseas At Bye Pass Road, Agra And
                                    2 Others                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Dhiresh Kumar
                                    Counsel for Respondent(s)                       :   Rahul Sahai

                                    Court No. - 9
                                                       HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. Counsel for petitioner states that he wants to withdraw the petition with
                                    liberty to file appeal against the order impugned.

                                    2. In view of said fact, the writ petition is dismissed as withdrawn.

                                    3. Office to return the certified copy of the orders to petitioner's counsel,
                                    within 48 hours.



                                                                                    (Rohit Ranjan Agarwal,J.)
                                    September 30, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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