Allahabad High Court
JABIULLAHversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Disposal
- Dismissed on merits
Holding
An intra‑court appeal against the order refusing liberty to withdraw the writ petition is not maintainable.
Summary
The appellant Jabiullah filed a writ petition seeking liberty to withdraw the petition. The single judge dismissed the petition on the basis that the request to withdraw was not permitted. The appellant then filed an intra‑court appeal challenging that dismissal. The High Court examined whether an intra‑court appeal is maintainable against an order that refuses liberty to withdraw a writ petition. It held that such an appeal is not maintainable and consequently dismissed the appeal. The order of dismissal of the intra‑court appeal stands as the final decision.
Issues considered
- Whether an intra‑court appeal is maintainable against an order dismissing a writ petition on the prayer to withdraw the petition
Subjects
- intra‑court appeal
- maintainability
- writ petition
- withdrawal of petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 1258 of 2025
Jabiullah
.....Appellant(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Appellant(s) : Akhilesh Tripathi, Gyanu Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 3
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Akhilesh Tripathi, learned counsel for the original petitioner
and Sri Tej Bhanu Pandey, learned Standing Counsel for the State-
respondents.
2. Present intra-Court appeal has arisen against the order dated 21.11.2025
(Jabiullah Vs. State of U.P. & 4 Ors.); 2025:AHC:208661. By that order, the
learned single judge has dismissed the writ petition on the prayer made by
the petitioner to be permitted to withdraw the writ petition with liberty.
3. In view of that nature of order, the present intra-Court appeal is not
maintainable. It is accordingly dismissed as not maintainable.
(Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.)
February 23, 2026
Abhilash
Digitally signed by :-
ABHILASH SINGH
High Court of Judicature at Allahabad
Checking your session…