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Allahabad High Court

SMT SURSATTI DEVIversusSTATE OF UP AND 7 OTHERS

Decided

Holding

The petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition.

Summary

Petitioner Smt Sursatti Devi filed a writ petition in which, due to inadvertence, certain deceased persons were incorrectly impleaded as parties. The petitioner sought permission to withdraw the petition and to file a fresh one with the correct parties. Respondent State of UP and others, through counsel, raised no objection to the withdrawal. The High Court, after hearing, dismissed the petition as withdrawn, granting liberty to the petitioner to file a fresh petition. The court also directed that a certified copy of the order be returned to the petitioner’s counsel and that any fresh petition be served on the respondent’s counsel.

Issues considered

  • Whether a writ petition can be withdrawn and the petitioner be granted liberty to file a fresh petition when dead persons have been erroneously impleaded.

Subjects

  • withdrawal of petition
  • dead persons impleaded
  • writ petition
  • procedural defect
  • high court order

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 17339 of 2026

                                    Smt Sursatti Devi
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of Up And 7 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Raja Ram Pal, Rituvendra Singh
                                                                       Nagvanshi, Sr. Advocate
                                    Counsel for Respondent(s)        : Ajeet Kumar Shukla, C.S.C., Devesh
                                                                       Kumar Verma, Sarvesh Kant Shukla,
                                                                       Sheetal Verma

                                    Court No. - 36
                                                      HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Shri R. C. Singh, learned Senior Counsel assisted by Shri Rituvendra
                                    Singh Nagvanshi, learned counsel for the petitioner states that due to
                                    inadvertence, certain dead persons have been impleaded as party,
                                    therefore, he may be permitted to withdraw this petition with liberty to
                                    file fresh petition after impleading correct parties.

                                    2. Shri Devesh Kumar Verma, learned counsel for the respondent has no
                                    objection.

                                    3. Accordingly, this petition is dismissed as withdrawn with liberty as
                                    prayed for.

                                    4. Certified copy of the order be returned to learned counsel for the
                                    petitioner after retaining copy of the same.

                                    5. It is further provided that in case fresh petition is filed, learned counsel
                                    for the petitioner will provide copy of the writ petition to Shri Devesh
                                    Kumar Verma, learned counsel for the respondent.



                                                                                     (Manish Kumar Nigam,J.)
                                    May 5, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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