Allahabad High Court
RAM PRAKASH SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed as withdrawn due to the petitioner’s failure to file a written stand.
Summary
The petitioner, Ram Prakash Singh, filed Writ No. 21071 of 2023 challenging an order dated 04-02-2023 passed by Respondent No.2. The petition was heard before a two‑judge bench of the Allahabad High Court. The Court observed that the petitioner had not filed any written stand contesting the findings of the impugned order. Consequently, the Court held that the petition could not proceed and ordered its dismissal. At the petitioner's counsel's request, the petition was treated as withdrawn, and the Court clarified that no liberty was granted to the petitioner’s counsel.
Issues considered
- Whether a writ petition can be dismissed for failure to file a written stand against the impugned order
- Whether the petition can be treated as withdrawn upon the petitioner's request
Subjects
- writ petition
- withdrawal
- procedural default
- dismissal
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 21071 of 2023
Ram Prakash Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Nishad, Vivek Verma
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Rejoinder affidavit filed today in the Court is taken on record.
2. The order dated 04.02.2023 passed by the respondent no. 2 is under
challenge in this writ petition.
3. After hearing learned counsel for the parties, we are of the opinion that
no written stand has been taken in the entire writ petition challenging the
findings recorded in the impugned order, hence, the same is liable to be
dismissed.
4. At this juncture a prayer for withdrawal of the writ petition has been
made by the learned counsel for the petitioner.
5. The writ petition, as such, is dismissed as withdrawn.
6. It is made clear that no liberty has been granted to the learned counsel
for the petitioner.
(Vivek Saran,J.) (Prakash Padia,J.)
September 29, 2026
gp
Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad
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