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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The writ petition is dismissed as withdrawn and no fresh petition on the same cause of action is permitted.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 During the hearing, counsel for the petitioner requested that the petition be dismissed as withdrawn.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 The Court accepted the prayer and dismissed the writ petition as withdrawn.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                                  the petitioner to dismiss the present petition as withdrawn.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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