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Allahabad High Court

SMT NEELAM 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, Smt Neelam and another, filed a writ petition seeking a mandamus directing the State of U.P. and others 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 seek liberty to file a fresh one. The Court considered the petition to be unpressed and, in accordance with procedural law, dismissed it while granting the requested liberty. No substantive merits on the alleged harassment were examined. The dismissal was purely procedural, allowing the petitioners to approach the Court again with a fresh petition if they wish.

Issues considered

  • What procedural step should the Court take when a petition is withdrawn by the petitioners during hearing?

Subjects

  • writ
  • mandamus
  • marital life
  • petition withdrawn
  • procedural dismissal
  • liberty to file fresh petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 15392 of 2026

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

                                    Counsel for Petitioner(s)             :   Mahjavi Begam, Rajive Kumar
                                    Counsel for Respondent(s)             :   C.S.C.

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

                                    Shri Rajive Kumar, 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 23, 2026
                                    T. Sinha                                         (Sanjay Kumar Pachori,J.)




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

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