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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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