Allahabad High Court
SEETA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn with liberty as prayed.
Summary
Seeta Devi filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a mandamus directing the Superintendent of Police, Fatehpur, to decide her application dated 13-07-2026 within the stipulated time. After hearing, the petitioner’s counsel requested leave to withdraw the petition, seeking liberty to pursue other remedies. The State, represented by the Additional Advocate General, opposed the petition on merits but did not object to the withdrawal request. The Court, noting the lack of objection, granted leave to withdraw. Consequently, the petition was dismissed as withdrawn without any consideration of its merits.
Issues considered
- What is the procedure for granting leave to withdraw a writ petition?
- Can a writ petition be dismissed without adjudicating its merits upon withdrawal?
Subjects
- writ petition
- mandamus
- withdrawal
- high court
- criminal miscellaneous
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21212 of 2026
Seeta Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Singh, Varun Kumar
Srivastava
Counsel for Respondent(s) : G.A.
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 the Superintendent of Police,
Fatehpur/ respondent no.2 to decide the application of
petitioner dated 13.07.2026 within stipulated time. "
2. Learned counsel appearing on behalf of the petitioner, 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 petitioner for granting leave to withdraw the instant
writ petition.
4. Taking into consideration the submissions and prayer made by
learned counsel appearing on behalf of the petitioner and no
objection made by learned counsel appearing on behalf of the
CRLP No. 21212 of 2026
2
State-respondents, leave granted.
5. Without entering into merits of the case, the instant writ
petition is dismissed as withdrawn with liberty as prayed.
September 21,
2026
C. MANI
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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