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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