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Allahabad High Court

MANISHA KUMARI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed as not pressed, with liberty granted 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 requested liberty to file a fresh petition. The Court noted that the petition was not pressed and granted the liberty sought. Consequently, the Court dismissed the petition as not pressed, with liberty to file a fresh petition. The order was pronounced on 23 April 2026.

Issues considered

  • What is the appropriate course of action when a petitioner withdraws a writ petition and seeks liberty to file a fresh petition?

Subjects

  • writ
  • mandamus
  • marital life
  • petition withdrawal
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 15467 of 2026

                                    Manisha Kumari And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Kamal Kaushal Upadhyay, Kawya
                                    Counsel for Respondent(s)           :   C.S.C.

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

                                    Ms. Kawya, 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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