Allahabad High Court

SMT TANYA PATHAK AND ANOTHERversusSTATE OF UP AND 5 OTHERS

Decided: 19 April 2026
Bench: SANJAY KUMAR PACHORI

Holding

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

Summary

The petitioners, Smt Tanya Pathak and another, filed a writ petition seeking a mandamus directing the State and others not to harass or interfere with their peaceful marital life. During the hearing, the petitioners' counsel indicated that they no longer wished to pursue the present petition and requested liberty to file a fresh petition. The Court considered the petition to be unpressed and, granting the requested liberty, dismissed the present petition. No substantive merits of the alleged harassment were examined. The dismissal was procedural, based solely on the petitioners' decision to withdraw. The order was pronounced on 20 April 2026 by Justice Sanjay Kumar Pachori.

Issues considered

What is the appropriate procedural course when a petitioner decides not to press a writ petition and seeks liberty to file a fresh petition?

Subjects

writ
mandamus
marital life
harassment
petition dismissed
liberty to file fresh petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 14662 of 2026

                                    Smt Tanya Pathak And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of Up And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                       :     Ujjwal Srivastava
                                    Counsel for Respondent(s)                       :     C.S.C.

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

                                    Shri Ujjwal Srivastava, 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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