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Allahabad High Court

MOHD NISHAT @ BILALversusSTATE OF U.P. AND 11 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the competent authority under Section 211 of the Uttar Pradesh Municipality Act, 1916.

Summary

The petitioner, Mohd Nishat @ Bilal, filed a writ petition before the Allahabad High Court challenging a matter that the court found could be addressed under Section 211 of the Uttar Pradesh Municipality Act, 1916. The respondent, the State of Uttar Pradesh and others, argued that the appropriate remedy lay with the competent municipal authority. The petitioner did not contest this submission and requested that the petition be withdrawn, seeking liberty to approach the municipal authority under the said provision. The court accepted the withdrawal and dismissed the petition, granting the petitioner liberty to pursue relief under Section 211 of the Uttar Pradesh Municipality Act, 1916. No substantive merits of the original claim were adjudicated.

Issues considered

  • Whether the petitioner should be allowed to withdraw the writ petition and approach the competent authority under Section 211 of the Uttar Pradesh Municipality Act, 1916

Legislation cited

  • Uttar Pradesh Municipality Act, 1916 — s. 211

Subjects

  • Writ petition
  • Withdrawal
  • Municipal law
  • Section 211
  • Uttar Pradesh Municipality Act
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 10274 of 2026

                                    Mohd Nishat @ Bilal
                                                                                              .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 11 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)       : Aditya Kumar Arya, Qazi Vakil Ahmad
                                    Counsel for Respondent(s)       : Anurag Tripathi, C.S.C.

                                    Court No. - 4
                                                          HON'BLE NEERAJ TIWARI, J.
                                                          HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the petitioner, Sri Anurag Tripathi, learned
                                    counsel for the respondent no.5 and learned Standing Counsel for the
                                    State-respondents.

                                    2. At the outset, learned counsel for the respondent no.5 submits that the
                                    petitioner has remedy to approach the competent authority under Section
                                    211 of the Uttar Pradesh Municipality Act, 1916.

                                    3. At this stage, learned counsel for the petitioner does not dispute the
                                    aforesaid submissions and prays for withdrawal of the present petition
                                    with liberty to approach the competent authority under Section 211 of the
                                    Uttar Pradesh Municipality Act, 1916.

                                    4. Accordingly, the petition is dismissed as withdrawn with aforesaid
                                    liberty to the petitioner to approach the competent authority under the
                                    provisions of the Uttar Pradesh Municipality Act, 1916.



                                                                      (Garima Prashad,J.) (Neeraj Tiwari,J.)
                                    March 18, 2026
                                    Sachin Mishra




Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad


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