Created by Fuzzy Cloud

Allahabad High Court

TEJ BAHADURversusADDITIONAL COMMISSIONER GORAKHPUR MANDAL AND 9 OTHERS

Decided

Holding

The writ petition was dismissed as it lacked necessary details, with liberty granted to the petitioner to file a fresh petition.

Summary

Petitioner Tej Bahadur filed Writ Petition No. 17932 of 2026 before the Allahabad High Court challenging actions of the Additional Commissioner, Gorakhpur Mandal and others. The petition was found to be bereft of necessary details and the requisite order, rendering it procedurally defective. Counsel for the petitioner subsequently prayed for withdrawal of the writ petition so that a fresh petition could be filed with complete particulars. The State's standing counsel raised no objection to this request. The Court, after hearing the parties, dismissed the writ petition while granting the petitioner liberty to file a fresh petition. The dismissal was based solely on the lack of essential information in the original filing.

Issues considered

  • What is the appropriate course of action when a writ petition is filed without necessary details and order?

Subjects

  • writ petition
  • procedural deficiency
  • withdrawal
  • dismissal
  • fresh petition

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 17932 of 2026

                                    Tej Bahadur
                                                                                                    .....Petitioner(s)
                                                                          Versus

                                    Additional Commissioner Gorakhpur Mandal And
                                    9 Others                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)         : Arun Kumar Verma, Krishna Mohan
                                                                        Singh
                                    Counsel for Respondent(s)         : C.S.C., Sudhir Bharti

                                    Court No. - 2
                                                           HON'BLE VIVEK SARAN, J.

                                    1. Heard Sri Arun Kumar Verma, learned counsel for the petitioner and
                                    learned Standing Counsel for State.

                                    2. After some length of argument, learned counsel for the petitioner prays for
                                    withdrawal of the writ petition in order to enable him to file a fresh petition
                                    since the instant petition is bereft of necessary details and order.

                                    3. Learned Standing Counsel for the State do not have any objection to the
                                    above prayer.

                                    4. Accordingly, this writ petition is dismissed with liberty as aforesaid.



                                                                                                   (Vivek Saran,J.)
                                    May 6, 2026
                                    Gaurav Kuls




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.