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Allahabad High Court

KIRAN LATAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court allowed the withdrawal of the writ petition and dismissed it as withdrawn, granting liberty to file a fresh petition.

Summary

The petitioner, Kiran Lata, filed a writ petition before the Allahabad High Court and subsequently moved an application seeking to withdraw the petition while requesting liberty to file a fresh petition. The court examined the petitioner's request and, invoking its inherent powers, allowed the withdrawal. No merits of the original writ petition were adjudicated. The court dismissed the writ petition as withdrawn and granted the petitioner liberty to initiate fresh proceedings if desired. The order was pronounced by Hon'ble Justice Manish Kumar Nigam on 24 September 2026.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file a fresh petition?

Subjects

  • writ petition
  • withdrawal
  • high court
  • civil procedure
  • liberty to file fresh petition

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 15337 of 2026

                                    Kiran Lata
                                                                                               .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)                  :   Asheesh Kumar Tiwari
                                    Counsel for Respondent(s)                  :   C.S.C.

                                    Court No. - 33
                                                     HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Learned counsel for the petitioner prays for withdrawal of the writ
                                    petition with liberty to file a fresh petition.

                                    2. Prayer made is allowed.

                                    3. The writ petition is dismissed as withdrawn with aforesaid liberty.



                                                                                     (Manish Kumar Nigam,J.)
                                    September 24, 2026
                                    Rishabh




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad


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