Allahabad High Court
DEEPAK SARASWATversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court held that the writ petition is dismissed as it is not pressed and the petitioner is granted liberty to approach the appropriate forum.
Summary
Petitioner Deepak Saraswat filed a writ petition before the Allahabad High Court against the State of Uttar Pradesh and six other respondents. The petitioner sought dismissal of the petition on the ground that it was not pressed and requested liberty to approach the appropriate forum for relief. The petition was not opposed by the standing counsel for the State or the other respondents. The Court, noting the lack of opposition and the petitioner's request, dismissed the writ petition and granted the liberty sought. No substantive merits of the petition were examined as it was deemed unmaintained.
Issues considered
- Whether a writ petition that is not pressed and for which the petitioner seeks liberty to approach a competent forum should be dismissed
Subjects
- writ petition
- dismissal
- competent forum
- maintainability
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38687 of 2026
Deepak Saraswat
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nitesh Kumar Pandey, Vijay Kumar
Mishra
Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra, Satish
Chaturvedi
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. After some arguments, a prayer has been made by counsel for the
petitioner to dismiss present writ petition as not pressed with liberty to avail
proper remedy before the competent forum/court.
2. The aforesaid prayer has not been opposed by learned Standing Counsel
for the respondent-State, Sri Prem Prakash Srivastava, learned counsel for
the respondent no.4 and Sri Pranjal Mehrotra, learned counsel for the
respondent no.5.
3. The writ petition is dismissed with liberty as prayed.
(Vivek Saran,J.) (Prakash Padia,J.)
September 24, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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