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Allahabad High Court

SMT. SMT. SHREYA PRAJAPATI 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 respondents not to harass them and interfere with their peaceful marital life. During the hearing, the petitioners' counsel indicated that they no longer wished to pursue the present petition and sought liberty to file a fresh petition. The Court considered the withdrawal and the request for liberty. It held that since the petition was not pressed, it could be dismissed, and the petitioners were granted liberty to file a fresh petition. Accordingly, the petition was dismissed with liberty as prayed for.

Issues considered

  • Whether a writ petition that is not pressed can be dismissed by the Court
  • Whether the petitioners can be granted liberty to file a fresh petition after withdrawing the present petition

Subjects

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  • petition withdrawn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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 14639 of 2026

                                    Smt. Shreya Prajapati And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Satyendra Kumar Singh
                                    Counsel for Respondent(s)                  :   C.S.C.

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

                                    Shri Satyendra Kumar Singh, 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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