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Allahabad High Court

ANSHUKA DEVI AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

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 State and others not to interfere with their peaceful marital life. After hearing, the petitioners' counsel indicated they no longer wished to pursue the present petition and requested liberty to file a fresh petition. The Court considered the petition to be unpressed and therefore not maintainable in its present form. No substantive merits on the alleged interference were examined. Consequently, the Court dismissed the petition, granting the petitioners liberty to file a fresh petition if they choose.

Issues considered

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

Subjects

  • writ petition
  • mandamus
  • marital life
  • petition withdrawn
  • liberty to file fresh petition
  • High Court of Allahabad

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - C No. - 18534 of 2026

                                    Anshuka Devi And Another
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    State Of U.P. And 5 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Anand Kesari, Vindeshwari Prasad
                                    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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