Allahabad High Court
RAJENDRA KUMAR JAISWALversusVIRENDRA SONTHALIA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.
Summary
Petitioner Rajendra Kumar Jaiswal filed a writ petition before the Allahabad High Court under Article 227. The petitioner, through counsel Amit Pratap Singh, sought to withdraw the petition and requested liberty to file a fresh petition. The petitioner also agreed to serve a copy of any fresh petition on the respondent's counsel, Pawnesh Tiwari. The Court considered whether such a withdrawal with liberty to re‑file was permissible. Finding no impediment, the Court allowed the withdrawal and granted the liberty to file a fresh petition. Consequently, the original petition was dismissed as withdrawn.
Issues considered
- Whether a writ petition may be withdrawn with liberty to file a fresh petition and with the condition of serving a copy on the respondent's counsel.
Subjects
- withdrawal of writ petition
- Article 227
- High Court
- civil procedure
- liberty to re‑file
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5848 of 2026
Rajendra Kumar Jaiswal
.....Petitioner(s)
Versus
Virendra Sonthalia
.....Respondent(s)
Counsel for Petitioner(s) : Amit Pratap Singh
Counsel for Respondent(s) : Pawnesh Tiwari, Pramila Tiwari, Somesh
Tiwari
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Sri Amit Pratap Singh, learned counsel for the defendant-petitioner seeks
to withdraw the present writ petition with liberty to file fresh. In case, the
another petition is preferred, copy of the same be served upon Sri Pawnesh
Tiwari, learned counsel for the plaintiff-respondent.
2. Accordingly, the present petition is dismissed as withdrawn with the
aforesaid liberty.
May 6, 2026
Ajeet
(Vikas Budhwar,J.)
Digitally signed by :-
AJEET KUMAR PATEL
High Court of Judicature at Allahabad
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