Allahabad High Court
MOHAMMAD ADILversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn and no fresh petition on the same cause of action is permitted.
Summary
The petitioner, Mohammad Adil, filed a writ petition before the Allahabad High Court. During the hearing, counsel for the petitioner requested that the petition be dismissed as withdrawn. The request was unopposed by the standing counsel for respondent No.6 and the counsel for the respondent bank. The Court accepted the prayer and dismissed the writ petition as withdrawn. The judgment further clarified that the petitioner is not permitted to file a fresh petition on the same cause of action.
Issues considered
- What is the appropriate procedure when a petitioner seeks to withdraw a writ petition?
- Whether a fresh petition can be filed on the same cause of action after withdrawal?
Subjects
- writ petition
- withdrawal
- dismissal
- fresh petition
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35830 of 2026
Mohammad Adil
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Kesharwani
Counsel for Respondent(s) : Ashish Agrawal, C.S.C., Dhyan
Shanker Pandey
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. After some arguments, a prayer has been made by learned counsel for
the petitioner to dismiss the present petition as withdrawn.
2. This prayer has not been opposed by learned Standing Counsel, Sri
Anirudh Pandey, learned counsel for respondent No.6 and Sri Ashish
Agrawal, learned counsel for respondent-Bank .
3. Accordingly, the writ petition is dismissed as withdrawn.
4. It is made clear that no liberty is granted to file fresh petition for the
same cause of action.
(Indrajeet Shukla,J.) (Prakash Padia,J.)
September 9, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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