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Allahabad High Court

SHERVANI INDUSTRIAL SYNDICATE LIMITEDversusEXECUTIVE ENGINEER PURVANCHAL VIDYUT VITRAN NIGAM LIMITED

Decided

Holding

The writ petition is dismissed as not pressed with liberty, with liberty granted to the petitioner to file a fresh petition.

Summary

Shervani Industrial Syndicate Ltd filed a writ petition against the Executive Engineer of Purvanchal Vidyut Vitran Nigam Ltd, contending that certain material facts could not be incorporated in the petition. The petitioner sought dismissal of the writ on the ground that it was not pressed with liberty, and requested liberty to file a fresh petition. The respondent did not oppose this prayer. The Court, after noting the lack of opposition, allowed the petitioner's prayer. Consequently, the writ petition was dismissed as not pressed with liberty, granting the petitioner permission to file a fresh petition. The judgment was delivered by Hon'ble Justices Prakash Padia and Indrajeet Shukla on September 9, 2026.

Issues considered

  • Whether the writ petition is 'pressed with liberty' and can be dismissed on that ground
  • Whether the petitioner should be granted liberty to file a fresh petition

Subjects

  • writ petition
  • dismissal
  • not pressed with liberty
  • procedural defect
  • fresh petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 36217 of 2026

                                    Shervani Industrial Syndicate Limited
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Executive Engineer Purvanchal Vidyut Vitran
                                    Nigam Limited                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Shashvat Gupta
                                    Counsel for Respondent(s)                :   Narendra Kumar Tiwari

                                    Court No. - 5
                                                      HON'BLE PRAKASH PADIA, J.
                                                      HON'BLE INDRAJEET SHUKLA, J.

                                    1. It is argued by the counsel for the petitioner that certain facts could not
                                    be incorporated in the present writ petition. Hence, a prayer has been
                                    made by the counsel for the petitioner to dismiss the present petition as
                                    not pressed with liberty to the petitioner to file a fresh petition.

                                    2. This prayer has not been opposed by Shri Narendra Kumar Tiwari,
                                    learned counsel appearing on behalf of respondents.

                                    3. Prayer is allowed.

                                    4. Accordingly, the writ petition is dismissed as not pressed with liberty
                                    as prayed.



                                                                     (Indrajeet Shukla,J.) (Prakash Padia,J.)
                                    September 9, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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