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Allahabad High Court

CHANDRA MOLversusD.D.C. AND OTHERS

Decided

Holding

The court allowed the withdrawal application and dismissed the writ petition as withdrawn.

Summary

The petitioner filed a writ petition before the Allahabad High Court. Subsequently, a withdrawal application was filed on behalf of the petitioner, supported by an affidavit from the petitioner's nephew, indicating a change in circumstances and a desire not to pursue the writ. The respondent did not oppose the withdrawal. The learned counsel for the petitioner requested that the writ be dismissed as withdrawn. The court, finding no objection, allowed the withdrawal application and dismissed the writ petition as withdrawn.

Issues considered

  • Whether the court may allow the withdrawal of a pending writ petition in the absence of any opposition.

Subjects

  • withdrawal of writ petition
  • dismissal as withdrawn
  • civil procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - B No. - 46192 of 2011

                                    Chandra Mol
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    D.D.C. And Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)             :     A.K. Tiwari, V.K. Baranwal
                                    Counsel for Respondent(s)             :     C.S.C.

                                    Court No. - 54
                                                        HON'BLE DINESH PATHAK, J.

                                    In Re: Civil Misc. Withdrawal Application No. 3 of 2026

                                    1. Instant withdrawal application has been moved on behalf of the petitioner
                                    supported by affidavit of Akhilesh Kumar (nephew of the present petitioner)
                                    beseeching dismissal of the present writ petition as withdrawn.

                                    2. Sri Vivek Kumar Tiwari, learned counsel for the petitioner submits that in
                                    changed scenario, the petitioner do not want to press instant writ petition,
                                    therefore, same may be dismissed as withdrawn.

                                    3. There is no oppose to the prayer as made by the learned counsel for the
                                    petitioner.

                                    4. Accordingly, withdrawal application is allowed.

                                    In Re: Writ Petition

                                    5. In view of the order of the date, as above, the present writ petition is
                                    dismissed as withdrawn.



                                                                                             (Dinesh Pathak,J.)
                                    February 27, 2026
                                    vinay




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

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