Allahabad High Court

SHIV KUMAR YADAVversusSTATE OF U.P. AND 8 OTHERS

Decided: 29 September 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed as withdrawn, with liberty to file a fresh petition supported by the requisite affidavit.

Summary

The petitioner filed a public interest litigation in the Allahabad High Court. The standing counsel raised a preliminary objection that the petitioner had not filed a personal affidavit as required by Chapter XXII Rule 1(3‑A) of the Allahabad High Court Rules, 1952. The petitioner sought permission to withdraw the petition and re‑file it with a proper affidavit. The court accepted the request and dismissed the present petition as withdrawn, granting liberty to file a fresh petition with the required affidavit. No merits of the substantive claim were considered.

Issues considered

Whether a writ petition can be entertained without the petitioner’s personal affidavit as mandated by Chapter XXII Rule 1(3‑A) of the Allahabad High Court Rules, 1952

Subjects

public interest litigation
procedural compliance
affidavit requirement
Allahabad High Court Rules
petition withdrawal
dismissal

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   PUBLIC INTEREST LITIGATION (PIL) No. - 2331 of 2026

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

                                    State Of U.P. And 8 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)         : Abhimanuy Yadav, Dhiraj Kumar, Ray
                                                                        Sahab Yadav
                                    Counsel for Respondent(s)         : C.S.C., Sudhir Bharti

                                    Court No. - 51
                                                              HON'BLE ARUN KUMAR, J.

                                    1. Learned Standing Counsel has raised a preliminary objection that the
                                    petitioner has not filed his personal affidavit in support of the averments
                                    made in the writ petition as contemplated under Chapter XXII Rule 1 (3-
                                    A) of the Allahabad High Court Rules, 1952.

                                    2. Faced with the aforesaid objection, learned counsel for the petitioner
                                    comes up with the prayer to withdraw this petition with liberty to file a
                                    fresh petition with better particulars, supported with affidavit of petitioner
                                    as per aforementioned Rules.

                                    3. In view of the aforesaid, the writ petition is dismissed as withdrawn
                                    with liberty as prayed.



                                                                                               (Arun Kumar,J.)
                                    September 30, 2026
                                    Ranjeet Sahu




Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad

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