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Allahabad High Court

MUKESH KUMAR YADAVversusUNION OF INDIA AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as not pressed, with liberty to the petitioner to file a fresh petition.

Summary

Petitioner Mukesh Kumar Yadav filed a writ petition before the Allahabad High Court. The petition contained certain discrepancies, leading the petitioner’s counsel to acknowledge that the petition was not properly pressed. The Court, after hearing counsel for the respondents, dismissed the petition on the ground that it was not pressed, but granted the petitioner liberty to file a fresh petition. No substantive merits of the petition were considered. The order was passed by Judges Saral Srivastava and Garima Prashad.

Issues considered

  • What is the appropriate course of action when a writ petition is found to be not pressed due to discrepancies?

Subjects

  • writ petition
  • dismissal
  • maintainability
  • procedural defect
  • Allahabad High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 17898 of 2026

                                    Mukesh Kumar Yadav
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    Union Of India And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Akhilesh Kumar Pandey
                                    Counsel for Respondent(s)                 :   A.S.G.I., C.S.C.

                                    Court No. - 40
                                                      HON'BLE SARAL SRIVASTAVA, J.
                                                      HON'BLE GARIMA PRASHAD, J.

                                    1. There are certain discrepancies in the writ petition, therefore, learned
                                    counsel for the petitioner states that the present petition may be dismissed as
                                    not pressed with liberty to file afresh.

                                    2. Consequently, the present petition is dismissed as not pressed with liberty
                                    to the petitioner to file a fresh petition.

                                    3. The present order has been passed in presence of Sri Ashish Tripathi,
                                    learned counsel for respondent nos.1 and 2-Union of India.

                                    May 6, 2026
                                    NS
                                                                   (Garima Prashad,J.) (Saral Srivastava,J.)




Digitally signed by :-
NITIN KUMAR
High Court of Judicature at Allahabad


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