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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The petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.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, Bijendra Pratap Tiwari, filed Writ No. 42330 of 2025 before the Allahabad High Court. During the hearing, the petitioner’s counsel requested permission to withdraw the petition and sought liberty to file a fresh petition if required. The respondent’s standing counsel raised no objection to the withdrawal. The Court, after considering the request, allowed the petition to be dismissed as withdrawn and granted the petitioner liberty to re‑file the case. The order was pronounced by Hon'ble Justices Ajit Kumar and Indrajeet Shukla on 5 May 2026.

Issues considered

  • What is the appropriate procedure for withdrawing a writ petition before the High Court?

Subjects

  • withdrawal of petition
  • writ jurisdiction
  • civil procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 42330 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                                    dismissed as withdrawn with liberty to file afresh.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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