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Allahabad High Court

SMT SWATI DEVI @ SWARTI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as not pressed, with liberty granted to file a fresh petition.

Summary

The petitioners filed a writ petition seeking a mandamus directing the State not to interfere with their peaceful marital life. After hearing, the petitioners' counsel indicated they no longer wished to pursue the relief and requested liberty to file a fresh petition. The Court considered the withdrawal and the request for liberty. No substantive merits were examined as the petition was not pressed. Consequently, the Court dismissed the petition, granting the liberty sought to file a fresh petition.

Issues considered

  • What is the appropriate procedural response when a petitioner withdraws a writ petition and seeks liberty to file a fresh petition?

Subjects

  • writ
  • mandamus
  • marital life
  • petition withdrawal
  • fresh petition
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 18508 of 2026

                                    Smt Swati Devi @ Swarti And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Dheeraj      Kumar     Maurya,     Narendra
                                                                       Kumar
                                    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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