Allahabad High Court
SANJAY KUMAR AND 7 OTHERSversusDINESH AGARWAL AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
A petition filed under Article 227 may be withdrawn by the petitioner, and the Court may dismiss it as withdrawn upon such request.
Summary
The petitioners, Sanjay Kumar and seven others, filed a writ petition under Article 227 of the Constitution before the Allahabad High Court against Dinesh Agarwal and three others. The petition was being heard in Court No. 5 before Hon’ble Justice Vikas Budhwar. Counsel for the petitioners, Ashok Kumar Srivastava, sought to withdraw the petition, stating that appropriate proceedings would be pursued in a suitable forum. The respondents’ counsel raised no objection to the withdrawal. The Court accepted the withdrawal and dismissed the petition as withdrawn, ordering the certified copy to be returned upon submission of a photocopy.
Issues considered
- Whether a petition filed under Article 227 may be withdrawn by the petitioner at the stage of hearing?
- Whether the Court can dismiss the petition as withdrawn upon the petitioner's request?
Subjects
- withdrawal of petition
- Article 227
- High Court
- civil procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6400 of 2026
Sanjay Kumar And 7 Others
.....Petitioner(s)
Versus
Dinesh Agarwal And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Srivastava
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. At the very outset, Sri Ashok Kumar Srivastava, learned counsel for the
petitioner seeks to withdraw the present petition, as according to him, he
shall take appropriate proceedings before the appropriate forum as
permissible and available under law.
2. Learned counsel for the respondents have no objection to the same.
3. The petition is dismissed as withdrawn.
4. Certified copy be returned subject to submission of photocopy.
May 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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