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Allahabad High Court

NISHA BHARGAVA AND ANOTHERversusSTATE OF UTTAR PRADESH 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 and others not to harass them and 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, granting the petitioners liberty to file a new petition. No substantive merits on the alleged harassment were examined. The dismissal was procedural, based on the petitioners' own request to withdraw.

Issues considered

  • Whether a writ petition can be dismissed for being not pressed at the request of the petitioner
  • Whether the court can grant liberty to the petitioner to file a fresh petition after dismissal

Subjects

  • writ petition
  • mandamus
  • marital life
  • harassment
  • petition withdrawn
  • liberty to refile

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 14674 of 2026

                                    Nisha Bhargava And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of Uttar Pradesh And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Ashish Kumar Gaur
                                    Counsel for Respondent(s)                     :   C.S.C.

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

                                    Shri Ashish Kumar Gaur, 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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