Allahabad High Court
SHAVA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as it was not pressed, with liberty to file a fresh petition.
Summary
The petitioners filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State of U.P. and other respondents not to interfere with their peaceful marital life and to provide protection against alleged threats. The petition also requested liberty to file a fresh petition. During the hearing, counsel for the petitioners expressed that they did not wish to press the present petition and sought liberty to file a new one. The Court noted the petition was not being pressed and, consequently, dismissed it. The dismissal was without prejudice, allowing the petitioners to approach the Court again with a fresh petition.
Issues considered
- What relief, if any, can be granted under Article 226 for protection of marital life?
- Whether a writ of mandamus is appropriate in the present circumstances?
- Whether the petition can be dismissed for not being pressed?
Subjects
- Article 226
- writ of mandamus
- marital life
- petition dismissed
- liberty to file fresh petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17700 of 2026
Shava And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishnendu, Ved Prakash Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ved Prakash Pandey, learned counsel for the petitioners and Shri
Arvind Kumar Singh, learned Standing Counsel and perused the record.
Present petition under Article 226 of Constitution of India has been filed
with a prayer to issue a writ of mandamus directing the respondents not to
interfere, harass or cause any interference in the peaceful marital life of the
petitioners and further direct the respondent Nos. 2 to 4 to provide adequate
protection to protect their life and liberty from respondent No.4.
Learned counsel for the petitioners does not want to press this petition and
wants liberty to file a fresh petition.
In view of the above, the present petition is dismissed as not pressed with
the aforesaid liberty.
May 6, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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