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Allahabad High Court

PARVEJ AHMAD AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The petition is dismissed as not pressed, with liberty to the petitioners to file a fresh petition annexing the sale certificate.

Summary

Petitioners Parvej Ahmad and another filed a writ petition challenging the issuance of a sale certificate in favour of their father. The Court queried whether such a sale certificate had ever been issued. Petitioners then prayed for dismissal of the petition as not pressed, seeking liberty to file a fresh petition with the sale certificate annexed. The Court allowed this prayer, directing that the present petition be dismissed as not pressed and granting liberty to re‑file. Consequently, the writ petition was dismissed without prejudice.

Issues considered

  • Whether the writ petition is pressed for adjudication
  • Whether the sale certificate was issued in favour of the petitioners' father
  • Whether the petitioners should be allowed to file a fresh petition with the sale certificate

Subjects

  • writ petition
  • sale certificate
  • procedural dismissal
  • not pressed
  • liberty to refile

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39711 of 2026

                                    Parvej Ahmad And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 6 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Ashutosh Kumar Pandey
                                    Counsel for Respondent(s)               :   C.S.C.

                                    Court No. - 5
                                                        HON'BLE PRAKASH PADIA, J.
                                                        HON'BLE VIVEK SARAN, J.

                                    1. When a query was raised by the Court that whether the sale certificate
                                    has been issued in favour of the father of the petitioners at any point of
                                    time, a prayer has been made by the counsel for the petitioners to dismiss
                                    the present petition as not pressed with liberty to the petitioners to file a
                                    fresh petition annexing the copy of the sale certificate.

                                    2. Prayer is allowed.

                                    3. Accordingly, the writ petition is dismissed as not pressed with liberty
                                    as prayed.



                                                                         (Vivek Saran,J.) (Prakash Padia,J.)
                                    September 30, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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