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Allahabad High Court

SHIV KUMARversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn.

Summary

Shiv Kumar filed Criminal Miscellaneous Writ Petition No. 22811 of 2026 before the Allahabad High Court challenging an action of the State of U.P. and others. During the hearing, the petitioner’s counsel announced that the petitioner no longer wishes to pursue the writ and seeks to withdraw it. The respondent’s counsel, the Additional Government Advocate, raised no objection to the withdrawal. The Court, noting the petitioner’s clear intention to withdraw and the lack of opposition, dismissed the writ petition as withdrawn. Consequently, the petition was closed without any substantive adjudication on the merits.

Issues considered

  • Can a petitioner withdraw a writ petition after filing it?
  • Is the court bound to dismiss a writ petition upon the petitioner’s request for withdrawal when there is no objection from the respondents?

Subjects

  • writ petition
  • withdrawal
  • high court
  • petition dismissed
  • civil procedure

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 22811 of 2026

                                    Shiv Kumar
                                                                                         .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 2 Others
                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s) : Ashok Kumar Tripathi, Vinod Kumar
                                                                Tirpathi
                                    Counsel for Respondent(s) : G.A.

                                    Court No. - 47
                                                      HON'BLE RAJIV GUPTA, J.
                                                      HON'BLE DEVENDRA SINGH-I, J.

                                    1. Heard learned counsel for the petitioner, learned A.G.A. for the
                                    State and perused the record.

                                    2. After some length of arguments, learned counsel for the petitioner
                                    has made a statement at the Bar that he does not want to press this
                                    writ petition and seeks to withdraw it.

                                    3. Learned A.G.A. has no objection to the aforesaid prayer.

                                    4. In view of the statement made, this writ petition is dismissed as
                                    withdrawn.

                                    September 29, 2026
                                    S. Singh

                                                                  (Devendra Singh-I,J.) (Rajiv Gupta,J.)




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

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