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Allahabad High Court

BIJENDRA PRATAP TIWARI VIJAYANANDversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.

Summary

The petitioner filed a writ petition (Writ‑C No. 42325 of 2025) before the Allahabad High Court. After hearing, the petitioner’s counsel requested permission to withdraw the petition and sought liberty to file a fresh petition if needed. The respondent’s standing counsel raised no objection to the withdrawal. The Court, after considering the request, dismissed the petition as withdrawn, granting the petitioner liberty to file a fresh petition. No substantive merits of the original petition were adjudicated.

Issues considered

  • Whether a writ petition may be withdrawn at the petitioner's request and the court may dismiss it as withdrawn with liberty to re‑file.

Subjects

  • writ petition
  • withdrawal
  • dismissal
  • liberty to refile
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 42325 of 2025

                                    Bijendra Pratap Tiwari Vijayanand
                                                                                             .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 4 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)         :   Amrendra Tiwari, Sr. Advocate
                                    Counsel for Respondent(s)         :   C.S.C.

                                    Court No. - 1
                                                     HON'BLE AJIT KUMAR, J.
                                                     HON'BLE INDRAJEET SHUKLA, J.

                                    1. After some argument, learned counsel for the petitioner states that he
                                    may be permitted to withdraw this petition and the same may be
                                    dismissed as withdrawn with liberty to file afresh.

                                    2. Learned Standing Counsel does not have any objection to the above.

                                    3. In view of the above, this petition is dismissed as withdrawn with
                                    aforesaid liberty.



                                                                      (Indrajeet Shukla,J.) (Ajit Kumar,J.)
                                    May 5, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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