Allahabad High Court
AASIFversusUP POWER CORPORATION LTD AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn, with liberty to file a fresh writ petition on the same cause of action.
Summary
The petitioner, Aasif, filed a writ petition before the Allahabad High Court but the accompanying affidavit was found to be defective. The petitioner’s counsel sought permission to withdraw the petition and to file a fresh petition with a correct affidavit. The Court considered the procedural defect and the request for withdrawal. It allowed the withdrawal, dismissing the petition as withdrawn, and granted liberty to institute a fresh writ petition on the same cause of action. No substantive merits of the writ were adjudicated.
Issues considered
- Whether a writ petition with a defective affidavit can be withdrawn and the petitioner be permitted to file a fresh petition.
Subjects
- writ petition
- affidavit defect
- withdrawal
- fresh petition
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38306 of 2026
Aasif
.....Petitioner(s)
Versus
Up Power Corporation Ltd And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar Ojha
Counsel for Respondent(s) : C.S.C., Krishna Agarawal, Pranjal
Mehrotra
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
In view of the defect in the affidavit, learned Counsel for the petitioner
comes up with a prayer to withdraw this writ petition with liberty to file a
fresh petition with a properly done affidavit.
This petition is, accordingly, dismissed as withdrawn with liberty to
institute a fresh writ petition with the same cause of action.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 23, 2026
S.P.
Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad
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