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Allahabad High Court

DHARMENDRAversusRAMOTAR AND 4 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.

Summary

Petitioner Dharmendra filed a writ petition before the Allahabad High Court seeking relief. The petitioner, through counsel Jata Shankar Pandey, later requested to withdraw the petition on the ground of an inherent defect, asking for liberty to file a fresh petition. The learned Standing Counsel raised no objection to the withdrawal. The Court permitted the withdrawal, dismissed the petition as withdrawn, and granted liberty to re‑file. The court also directed the office to return the certified copy of the plaint upon production of a xerox copy.

Issues considered

  • Whether a writ petition can be withdrawn on account of an inherent defect with liberty to file a fresh petition

Subjects

  • withdrawal of writ petition
  • inherent defect
  • Article 227
  • High Court of Allahabad
  • liberty to refile

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6193 of 2026

                                    Dharmendra
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    Ramotar And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Jata Shankar Pandey
                                    Counsel for Respondent(s)                    :

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

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

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

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 Accordingly, the writ petition is dismissed as withdrawn with the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

                                    4. Office to return certified copy of the plaint subject to furnishing xerox of
                                    the same.
                                    May 5, 2026
                                    N.S.Rathour

                                                                                             (Vikas Budhwar,J.)




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

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