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Allahabad High Court

SMT. RAMSAKHI AND ANOTHERversusRAMNIVAS AND 2 OTHERS

Decided

Holding

The writ petition was dismissed as withdrawn, granting the petitioners liberty to file a fresh petition.

Summary

The petitioners filed a writ petition seeking to set aside two lower court orders and to obtain a mandamus directing the respondents not to disturb their possession of disputed plots, along with costs. The petition also requested liberty to file a fresh petition due to a technical defect. Counsel for the petitioners later moved to withdraw the petition, and the standing counsel raised no objection. The court considered the request and allowed the withdrawal, dismissing the petition with liberty as sought. Consequently, the certified copy of the petition was to be returned upon submission of a photocopy.

Issues considered

  • Whether a writ petition may be withdrawn by the petitioner with the court's permission

Subjects

  • withdrawal of writ petition
  • mandamus
  • civil revision
  • possession
  • technical defect

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5874 of 2026

                                    Smt. Ramsakhi And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    Ramnivas And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)            :      Raghunandan Prasad Tiwari
                                    Counsel for Respondent(s)            :

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

                                    1. Learned counsel for the writ petitioner seeks to withdraw the present
                                    writ petition, wherein prayer is to (I) Set aside the orders dated 30.3.2026
                                    (Annexure 10) passed by District Judge Lalitpur in Civil Revision no. 10
                                    of 2025 between Smt. Ramsakhi and another vs. Ram Niwas and others
                                    and the order dated 6.10.2025 passed by Civil Judge (Junior Division)
                                    Mahroni District Lalitpur in Misc case no. 5 of 2024 Smt. Parwati vs.
                                    Ashok Kumar and others (O.S. no. 49 of 2012) (Annexure no. 11) to the
                                    petition; (II) Issue a writ order or direction in the nature of mandamus
                                    commanding the respondents not to interfere in the peaceful possession of
                                    the petitioners over the disputed plots during the pendency of the present
                                    petition; (III) Award the cost of the petition to the petitioners, due to
                                    inherent technical defect with liberty to file fresh.

                                    2. Learned Standing Counsel has no objection to the same.

                                    3. The present petition is dismissed as withdrawn with liberty as
                                    aforesaid.

                                    4. Certified copy be returned subject to furnishing of photocopy of the
                                    same.



                                                                                           (Vikas Budhwar,J.)
                                    May 6, 2026
                                    Rajesh




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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