Allahabad High Court
SMT AFTA ANSARI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- 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 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 sought liberty to file a fresh petition. The Court held that since the petition was not pressed, it could be dismissed. Accordingly, the Court dismissed the petition but granted the petitioners liberty to file a fresh petition. No substantive merits on the alleged harassment were adjudicated.
Issues considered
- What is the appropriate procedural course 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- petition withdrawn
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15399 of 2026
Smt Afta Ansari And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vimlesh Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Vimlesh 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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