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Allahabad High Court

RAM SHIROMANIversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The petitioner filed a writ petition before the Allahabad High Court but later discovered that certain relevant documents and averments were inadvertently omitted. The petitioner sought permission to withdraw the existing petition and to file a fresh one with complete particulars. The court considered whether it could allow such a withdrawal and grant liberty to re‑file. It held that procedural liberty permits the withdrawal of a petition when the petitioner wishes to correct deficiencies. Accordingly, the writ petition was dismissed as withdrawn, with liberty to file a fresh petition after serving a copy on the caveator respondents.

Subjects

  • writ petition
  • withdrawal
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - B No. - 4283 of 2026

                                    Ram Shiromani
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 5 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Anil Kumar Bind, Samsher Bahadur
                                                                     Yadav
                                    Counsel for Respondent(s)      : Azad Rai, C.S.C., Nigamendra Shukla,
                                                                     Rahul Kumar Pandey

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

                                    At the very outset, learned counsel for the petitioner states that certain
                                    relevant documents and averments have been inadvertently left out during
                                    drafting of the writ petition, therefore, he may be permitted to withdraw
                                    the writ petition with liberty to file afresh with better particulars and
                                    details.

                                    Writ petition is, accordingly, dismissed as withdrawn with liberty, as
                                    prayed.

                                    Learned counsel for the petitioner is directed to serve a copy of the writ
                                    petition to be filed afresh upon learned counsel appearing for the caveator
                                    respondent nos.5 and 6, whenever it is filed next.



                                                                                             (Arun Kumar,J.)
                                    September 24, 2026
                                    Anil




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

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