Created by Fuzzy Cloud

Allahabad High Court

SHIV PRASADversusSTATE OF U.P. AND 2 OTHER

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The petitioner, Shiv Prasad, filed a writ petition challenging an order dated 21-11-2025 that transferred him to his home block. The respondents, the State of U.P. and two others, informed the court that after the transfer, the petitioner was suspended and a departmental inquiry was underway. During the hearing, the petitioner’s counsel requested that the petition be withdrawn and that the petitioner be allowed to file a fresh petition with more details. The court accepted this request, dismissing the writ petition as withdrawn and granting liberty to file a fresh petition. No substantive merits of the transfer or suspension were adjudicated.

Issues considered

  • What is the appropriate remedy when a petitioner seeks to withdraw a writ petition after filing?

Subjects

  • writ petition
  • transfer order
  • suspension
  • departmental inquiry
  • withdrawal of petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 6658 of 2026

                                    Shiv Prasad
                                                                                                .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)              :    Utsav
                                    Counsel for Respondent(s)              :    Sujeet Kumar Rai, C.S.C.

                                    Court No. - 33
                                                        HON'BLE DINESH PATHAK, J.

                                    1. Instant writ petition has been filed assailing the order dated 21.11.2025,
                                    whereby the petitioner has been transferred to his home block.

                                    2. Learned counsel for the contesting respondents has contended that
                                    subsequent to the transfer order, present petitioner has been suspended
                                    and a departmental inquiry is ongoing.

                                    3. After due deliberations at length, learned counsel for the petitioner
                                    prays for to dismiss the instant writ petition as withdrawn with liberty to
                                    file fresh petition with better particulars and details.

                                    4. In view of the above, instant writ petition is dismissed as withdrawn
                                    with liberty, as prayed for.



                                                                                             (Dinesh Pathak,J.)
                                    May 5, 2026
                                    VR




Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.