Allahabad High Court
SMT SAPNA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as not pressed, with liberty granted to the petitioners to file a fresh petition.
Summary
The petitioners filed a writ petition seeking a mandamus directing the respondents not to interfere with their peaceful marital life. After hearing, the petitioners decided not to pursue the petition and requested liberty to file a fresh petition. The court noted that the petition was not pressed and granted the requested liberty. Consequently, the court dismissed the petition as not pressed, allowing the petitioners to file a new petition if they wish. No substantive merits of the mandamus claim were addressed.
Issues considered
- What is the appropriate procedural course when a petitioner withdraws a writ petition and seeks liberty to file a fresh petition?
Subjects
- writ
- mandamus
- marital life
- petition withdrawn
- liberty to file fresh petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18492 of 2026
Smt Sapna And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shubham Yadav, Suraj Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
1. Learned counsel for the petitioners and learned Additional Chief Standing
Counsel for the State are present.
2. The instant petition has been filed by the petitioners with a prayer to issue
writ, order or direction in the nature of Mandamus commanding the
respondents not to interfere in the peaceful marital life of the petitioners.
3. After some arguments, learned counsel for the petitioners does not want to
press this petition and wants liberty to file a fresh petition.
4. The petition is dismissed as not pressed with liberty as prayed for.
May 12, 2026
Imtiyaz
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad
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