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Allahabad High Court

DASHRATH AND 4 OTHERSversusSTATE OF UP AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as not pressed and the petitioners are barred from filing a fresh writ petition on the same cause of action.

Summary

The petitioners, Dashrath and four others, filed a writ petition before the Allahabad High Court. After hearing arguments, counsel for the petitioners prayed that the petition be dismissed as not pressed. The petition was not opposed by the respondent's counsel. The Court dismissed the writ petition on the ground that it was not pressed and expressly barred the petitioners from filing a fresh writ petition on the same cause of action. No substantive liberty was granted to the petitioners to pursue further relief on the same matter.

Issues considered

  • Whether the writ petition is pressed and merits dismissal
  • Whether the petitioners are entitled to file a fresh writ petition on the same cause of action after dismissal

Subjects

  • writ petition
  • dismissal
  • not pressed
  • fresh petition
  • procedural law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 39897 of 2026

                                    Dashrath And 4 Others
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    State Of Up And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         : Vikas Yadav, Vishveshwar                Mani
                                                                        Tripathi
                                    Counsel for Respondent(s)         : C.S.C., Krishna Mohan Asthana

                                    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
                                    petitioners to dismiss present writ petition as not pressed.

                                    2. This prayer has not been opposed by Sri R. K. Shukla, learned counsel
                                    for the respondent no.4.

                                    3. The writ petition is dismissed as not pressed.

                                    4. It is made clear that no liberty whatsoever has been granted to the
                                    petitioners to file a fresh writ petition on the same cause of action.



                                                                           (Vivek Saran,J.) (Prakash Padia,J.)
                                    October 1, 2026
                                    Pramod Tripathi




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad


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