Allahabad High Court
SHIVANI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition was dismissed because it was not pressed by the petitioners.
Summary
Petitioners Shivani and another filed a writ petition under Article 226 seeking a mandamus directing the State of U.P. and others not to interfere with their marital life and to provide protection. Their counsel later expressed that they did not wish to pursue the present petition and sought liberty to file a fresh petition. The Court considered the petitioner's request for liberty to withdraw. Since the petition was not being pressed, the Court dismissed it, granting the petitioners liberty to file a fresh petition if they choose. No substantive merits on the alleged interference were examined.
Issues considered
- Whether a writ petition under Article 226 can be entertained when the petitioner does not wish to press the petition.
- Whether the Court can dismiss a petition on the ground that it is not pressed by the petitioner.
Subjects
- Article 226
- mandamus
- writ jurisdiction
- petition dismissed
- liberty to file fresh petition
- marital life
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17826 of 2026
Shivani And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Sanjay Kumar, 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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