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Allahabad High Court

EKTA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as not pressed, with liberty granted to the petitioners to file a fresh petition.

Summary

The petitioners filed a writ petition seeking a mandamus directing the State not to harass or interfere with their peaceful marital life. During the hearing, the petitioners' counsel expressed a desire to withdraw the present petition and obtain liberty to file a fresh petition. The Court considered the petition to be not pressed and, accordingly, dismissed it. However, the Court granted the petitioners liberty to file a fresh petition on the same subject. The dismissal was without prejudice, allowing the petitioners to approach the Court again.

Issues considered

  • What is the appropriate course of action when a petition is not pressed by the petitioner?
  • Can the Court grant liberty to the petitioner to file a fresh petition after dismissal?

Subjects

  • writ petition
  • mandamus
  • marital life
  • harassment
  • petition withdrawn
  • liberty to file fresh petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 14636 of 2026

                                    Ekta And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Sushil Dubey
                                    Counsel for Respondent(s)                           :    C.S.C.

                                    Court No. - 76
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Shri Sushil Dubey, learned counsel for the petitioners and Shri Ashwani
                                    Kumar Tripathi, learned Chief Standing Counsel for the State are present.

                                    The instant petition has been filed by the petitioners with a prayer to issue
                                    writ, order or direction in the nature of Mandamus commanding the
                                    respondents not to harass and interfere in the peaceful marital life of the
                                    petitioners.

                                    After some arguments, learned counsel for the petitioners does not want to
                                    press this petition and wants liberty to file a fresh petition.

                                    The petition is dismissed as not pressed with liberty as prayed for.

                                    April 20, 2026
                                    T. Sinha                                         (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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