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Allahabad High Court

KGR GREENS INFRATECH PVT LTDversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the Court later if needed.

Summary

The petitioners, Kgr Greens Infratech Pvt Ltd, filed a writ petition before the Allahabad High Court seeking relief against the State of U.P. and other respondents. During the hearing, the petitioner's counsel requested that the writ petition be dismissed as withdrawn, asking that the pending appeal before the U.P. Real Estate Appellate Tribunal be expedited. The respondents' counsel raised no objection to this request. The Court, granting the petitioner's liberty to approach the Court again if circumstances change, disposed of the writ petition as withdrawn and directed that the appeal be expedited. No substantive merits of the writ were adjudicated.

Issues considered

  • What is the appropriate procedural disposition when a petitioner seeks to withdraw a writ petition pending before the High Court?

Subjects

  • writ petition
  • withdrawal
  • real estate appellate tribunal
  • procedural law
  • court discretion

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 38427 of 2026

                                    Kgr Greens Infratech Pvt Ltd
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 5 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)        : Aditya Vishal Chaurasia, Azaz Khan
                                    Counsel for Respondent(s)        : C.S.C., Mohd. Afzal

                                    Court No. - 36
                                                    HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. After arguing some time, Mr. Aditya Vishal Chaurasiya, learned
                                    counsel for the petitioner submits that the writ petition may be dismissed
                                    as withdrawn with a prayer that the appeal pending before U.P. Real
                                    Estate Appellate Tribunal, Lucknow be expedited. He further prayed, that
                                    if circumstances warrant due to any subsequent event, a liberty may be
                                    granted him to approach this Court.

                                    2. Mr.Mohd. Afzal, learned counsel for respondent nos. 2 and 3 has no
                                    objection to the aforesaid request.

                                    3. In the aforesaid circumstances, with aforesaid liberty, this writ petition
                                    is disposed of with an observation that referred appeal be expedited.




                                                                                (Saurabh Shyam Shamshery,J.)
                                    September 23, 2026
                                    Kumar Manish




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad


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