Allahabad High Court
BIPIN KUMAR MISHRA AND 12 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition is dismissed as withdrawn, granting liberty to file a fresh petition with a proper affidavit.
Summary
Petitioners filed a writ petition supported by an affidavit sworn by Arvind Kumar Tiwari, who was not related to or personally known by any of the 13 petitioners, all assistant teachers. Respondent BSA counsel raised a preliminary objection questioning the validity of the affidavit on the ground of lack of personal connection. Petitioners, however, expressed that they no longer wished to pursue the petition and requested its dismissal as withdrawn, seeking liberty to file a fresh petition with a proper affidavit per the Court's circular. The Court considered the preliminary objection but accepted the petitioners' request to withdraw. Consequently, the writ petition was dismissed as withdrawn, with liberty to re‑file.
Issues considered
- Whether the affidavit supporting the writ petition is valid despite being sworn by a person not related to or personally known by the petitioners
- Whether the petition can be dismissed as withdrawn at the petitioners' request
Subjects
- affidavit
- writ petition
- preliminary objection
- withdrawal
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14239 of 2026
Bipin Kumar Mishra And 12 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Bhushan Yadav, Veerendra
Kumar Yadav
Counsel for Respondent(s) : Ajeet Singh, C.S.C., Rishu Mishra,
Shivendra Singh Bhadauria
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioners, Sri Ajeet Singh and Sri
Shivendra Singh Bhadauria, learned counsel for the respondent-BSA and
learned Standing Counsel for the State-respondents.
2. Sri Ajeet Singh and Sri Shivendra Singh Bhadauria, learned counsel
appearing for the respondent-BSA have raised preliminary objection and
submitted that the affidavit in support of the writ petition has been sworn by
one Sri Arvind Kumar Tiwari, who is neither related to petitioners nor
personally known to any of them, who are 13 in number and are working as
Assistant Teachers in different Districts.
3. On the other hand, learned counsel for the petitioners submits that he does
not want to press this petition and it may be dismissed as withdrawn with
liberty to file a fresh petition along with proper affidavit sworn in according
with the circular issued by this Court.
4. Accordingly, the writ petition is dismissed as withdrawn with the
aforesaid liberty.
September 9, 2026
Junaid
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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