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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The petition is dismissed as withdrawn, with liberty to file a fresh writ petition on the same cause of action.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 It allowed the withdrawal, dismissing the petition as withdrawn, and granted liberty to institute a fresh writ petition on the same cause of action.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  • Whether a writ petition with a defective affidavit can be withdrawn and the petitioner be permitted to file a fresh petition.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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