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Allahabad High Court

MAHENDRAPAL SINGHversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to pursue the pending appeal.

Summary

The petitioner Mahendrapal Singh filed a writ petition before the Allahabad High Court challenging orders dated 27.02.2025 and 03.06.2025. The petitioner’s counsel informed the court that an appeal against those orders was already pending and requested permission to withdraw the writ petition, offering the petitioner liberty to pursue the alternative remedy of appeal. The respondent State of U.P. and others, represented by standing counsel, raised no objection to the withdrawal. The court examined whether a writ petition could be withdrawn when an appeal is available and found no impediment. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioner liberty to continue with the appeal.

Issues considered

  • Whether a writ petition may be withdrawn when an appeal against the impugned orders is pending

Subjects

  • writ petition
  • withdrawal
  • appeal
  • alternative remedy
  • High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 19331 of 2026

                                    Mahendrapal Singh
                                                                                                  .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)       : Aditendra Singh, Vinod Kumar Singh
                                    Counsel for Respondent(s)       : C.S.C.

                                    Court No. - 38
                                                     HON'BLE SIDDHARTH NANDAN, J.

                                    1. Heard Shri Vinod Kumar Singh, learned counsel for the petitioner and
                                    learned Standing Counsel for the State-respondents.

                                    2. Learned counsel for the petitioner fairly submits that there is an appeal
                                    provided against the impugned orders dated 27.02.2025 and 03.06.2025;
                                    and accordingly, he may be permitted to withdraw the present writ
                                    petition with liberty to seek alternative remedy, as provided under law, to
                                    which the learned Standing Counsel has no objection.

                                    3. Accordingly, the present writ petition is dismissed as withdrawn, with
                                    the aforesaid liberty.



                                                                                           (Siddharth Nandan,J.)
                                    May 18, 2026
                                    Sumit K.




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

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