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Allahabad High Court

DEEPAK KUMAR MANGALversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

A writ petition is not maintainable and may be dismissed as 'not pressed' when the same relief is already sought in a pending PIL before the same court.

Summary

The petitioners filed a writ petition in the Allahabad High Court seeking relief, but the State respondents raised a preliminary objection that a similar dispute was already before the Division Bench in another PIL (No. 306 of 2026) and that filing a second petition violated the High Court Rules. The petitioner's counsel agreed that the present petition could be dismissed as it was not 'pressed' and that the relief could be sought in the pending PIL. The Court examined the objection and the petitioner's concession, finding no merit in proceeding with a duplicate petition. Consequently, the Court dismissed the writ petition on the ground that it was not pressed. The order was pronounced by Judges Mahesh Chandra Tripathi and Kunal Ravi Singh on 18 March 2026.

Issues considered

  • Whether a second writ petition is maintainable when a similar dispute is already pending before the same court in another PIL
  • Whether the writ petition can be dismissed as 'not pressed' under the High Court Rules

Subjects

  • Public Interest Litigation
  • Maintainability
  • Writ Petition
  • Not Pressed
  • High Court Rules

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                PUBLIC INTEREST LITIGATION (PIL) No. - 654 of 2026

                                    Deepak Kumar Mangal
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)      : Arun Bhanu Shukla, Shubhangini
                                                                     Dwivedi
                                    Counsel for Respondent(s)      : C.S.C., Kaushalendra Nath Singh

                                    Court No. - 21

                                                 HON'BLE MAHESH CHANDRA TRIPATHI, J.
                                                 HON'BLE KUNAL RAVI SINGH, J.

                                    1. Heard.

                                    2. At the outset learned counsel for the State respondents has raised a
                                    preliminary objection qua the maintainability of the instant writ petition.
                                    He submits that qua the same dispute the Division Bench has already
                                    entertained Public Interest Litigation, which is likely to be listed on 20th
                                    March, 2026. Filing of a second writ petition is not permissible as per the
                                    High Court Rules.

                                    3. Learned counsel for the petitioner in this backdrop, fairly submits that
                                    this writ petition may be dismissed as not pressed with the leave to press
                                    the relief in ongoing proceeding in PIL No. 306 of 2026.

                                    4. Accordingly, the instant writ petition stands dismissed, as not pressed.

                                    5. This order has been passed in the presence of Sri M.C. Chaturvedi,
                                    learned Senior Advocate assisted by Sri Kaushalendra Nath Singh and Sri
                                    A.K. Goel, learned Additional Chief Standing Counsel.



                                                       (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    March 18, 2026
                                    gp




Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad


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