Allahabad High Court
KRISHNA MURARI MISHRA AND ANOTHERversusSTATE OF U.P. AND 16 OTHERS
- Decided
Holding
The High Court may allow a writ petition to be withdrawn with liberty to pursue other remedies, provided there is no objection from the opposite party.
Summary
Petitioners Krishna Murari Mishra and another filed a criminal miscellaneous writ petition in the Allahabad High Court seeking mandamus to compel respondents 2 and 3 to vacate a road and to direct respondent 6 to decide their application under Sections 153 and 157 of the BNSS. After hearing, the petitioners' counsel requested leave to withdraw the petition, stating they would pursue other appropriate remedies. The State's counsel opposed the substantive relief but did not object to the withdrawal request. The Court, noting the lack of objection, granted leave to withdraw and dismissed the writ petition without addressing its merits. The order was pronounced on 21 September 2026.
Issues considered
- Whether a writ petition may be withdrawn with liberty to seek alternative remedies
- Whether the court can entertain a withdrawal request when the opposite party does not object
Legislation cited
- BNSS — s. 153, 157
Subjects
- writ petition
- mandamus
- withdrawal
- high court
- administrative relief
- road vacating
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21180 of 2026
Krishna Murari Mishra And Another
.....Petitioner(s)
Versus
State Of U.P. And 16 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Pandey
Counsel for Respondent(s) : G.A., Krishna Raj Singh, Vatsala
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed seeking the following main
reliefs:-
"(I). Issue a writ, order or direction in the nature of mandamus
directing and commanding the respondent nos.2 & 3 vacate the
road of the petitioner by order dated 22.07.2025 passed by
respondent no.6.
(II) Issue a writ, order or direction in the nature of mandamus
directing and commanding the respondent no.6 to decide the
application of the petitioner under Section 153, 157 of BNSS for
compliance of the order dated 22.07.2025 passed by respondent
no.6. "
2. Learned counsel appearing on behalf of the petitioners, after some length
of arguments, without pressing the matter on merits prayed for leave to
withdraw the present petition with liberty to avail appropriate remedy
available under the law, as advised.
3. Learned A.G.A. appearing on behalf of the State-respondents vehemently
opposed the petition on merits, but has not objected the innocuous prayer
made by learned counsel appearing on behalf of the petitioners for granting
leave to withdraw the instant writ petition.
4. Taking into consideration the submissions and prayer made by learned
CRLP No. 21180 of 2026
2
counsel appearing on behalf of the petitioners and no objection made by
learned counsel appearing on behalf of the State-respondents, leave granted.
5. Without entering into merits of the case, the instant writ petition is
dismissed as withdrawn with liberty as prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 21, 2026
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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