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Allahabad High Court

KANPUR DEVELOPMENT AUTHORITYversusOM PRAKASH

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The Kanpur Development Authority filed a writ petition before the Allahabad High Court. The petitioner later sought to withdraw the petition on the ground of an inherent defect, requesting liberty to file a fresh petition. The court considered the request and allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioner to re‑file a fresh petition. The court also ordered the return of certified copies of documents upon submission of their xerox copies.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file a fresh petition

Subjects

  • writ petition
  • withdrawal
  • inherent defect
  • high court
  • liberty to refile

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 4774 of 2026

                                    Kanpur Development Authority
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    Om Prakash
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Abhinava Krishna Srivastava
                                    Counsel for Respondent(s)            :

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Sri Abhinava Krishna Srivastava, learned counsel for the petitioner seeks
                                    to withdraw the present writ petition, on account of inherent defect, with
                                    liberty to file afresh.

                                    2. Accordingly, the writ petition is dismissed as withdrawn with the
                                    aforesaid liberty.

                                    3. Certified copy of the documents be returned to the counsel for the
                                    petitioner subject to furnishing xerox of the same.

                                    May 7, 2026
                                    N.S.Rathour

                                                                                           (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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