Allahabad High Court
B-PACS SOCIETY LTD. AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The petition is dismissed as withdrawn, with liberty to file a fresh petition.
Summary
The petitioners, B-Pacs Society Ltd. and another, filed a writ petition before the Allahabad High Court seeking relief against the State of U.P. and another. During the proceedings, counsel for the petitioners informed the Court that essential facts required for the petition could not be pleaded. Consequently, the petitioners prayed that the petition be dismissed as withdrawn, with liberty to file a fresh petition. The Court accepted this prayer. Accordingly, the petition was dismissed as withdrawn, and the petitioners were granted permission to file a fresh petition if they so desire. No substantive merits of the case were adjudicated.
Issues considered
- What is the appropriate procedural course when essential facts are missing from a petition?
Subjects
- petition withdrawn
- procedural deficiency
- liberty to refile
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38593 of 2026
B-Pacs Society Ltd. And Another
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Shashi Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Learned Counsel for the petitioner comes up with a prayer that this
petition may be dismissed as withdrawn with liberty to file afresh, inasmuch
as certain essential facts could not be pleaded.
2. The prayer is accepted.
3. Accordingly, this petition is dismissed as withdrawn with liberty to file
afresh.
(Indrajeet Shukla, J.) (J.J. Munir, J.)
October 1, 2026
Deepak
Digitally signed by :-
DEEPAK KUMAR PANDEY
High Court of Judicature at Allahabad
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