Allahabad High Court
PROP HARI SHANKAR AWASTHIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed with liberty to the petitioner to file a fresh petition with proper particulars.
Summary
Petitioner Hari Shankar Awasthi filed a writ petition challenging actions of the State of U.P. and three others. During the hearing, counsel for the petitioner acknowledged that the pleadings were not proper and requested liberty to file a fresh petition with better particulars. The Hon'ble Judge noted this submission and disposed of the present petition, granting the petitioner liberty to re‑file. A certified copy of the impugned order was to be returned to the petitioner after a xerox copy was kept on record. No substantive merits of the dispute were addressed as the petition was dismissed on procedural grounds.
Issues considered
- Whether the writ petition is maintainable in its present form due to improper pleadings
Subjects
- writ petition
- procedural defect
- re-filing
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38736 of 2026
Prop Hari Shankar Awasthi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prateek Mishra, Siddhartha Baghel
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Sri Prateek Mishra, learned counsel for petitioner, after arguing for
some time and when confronted that pleadings of writ petition are not
proper, fairly submits that the writ petition may be disposed of with
liberty to petitioner to file a fresh with better particulars.
2. Taking note of above submission, this writ petition is disposed of
aforesaid liberty.
3. Certified copy of impugned order be returned back to petitioner after
keeping a xerox copy of same on record.
(Saurabh Shyam Shamshery,J.)
September 24, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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