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Allahabad High Court

BADALE SINGH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition.

Summary

Petitioners Badale Singh and four others filed Writ Petition No. 44882 of 2025 before the Allahabad High Court challenging certain actions of the State of Uttar Pradesh. During the hearing, the petitioners, through counsel Akshara Rai and Sujeet Kumar Rai, expressed a desire to withdraw the petition and sought liberty to file a better‑constituted petition afresh. The Court considered the request and examined whether a petition can be withdrawn at this stage of proceedings. It held that the petition could be withdrawn and the petitioners could be granted liberty to approach the Court again with a fresh petition. Accordingly, the writ petition was dismissed as withdrawn. The order was pronounced on 14 May 2026 by Hon'ble Justices Atul Sreedharan and Vivek Saran.

Issues considered

  • Whether a writ petition pending before the High Court can be withdrawn by the petitioners at the hearing stage
  • Whether the petitioners may be granted liberty to file a fresh petition thereafter

Subjects

  • writ petition
  • withdrawal
  • civil procedure
  • liberty to refile
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                          WRIT - C No. - 44882 of 2025

                                    Badale Singh And 4 Others
                                                                                               .....Petitioner(s)
                                                                      Versus
                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Akshara Rai, Sujeet Kumar Rai
                                    Counsel for Respondent(s)           :   C.S.C.

                                    Court No. - 2
                                                     HON'BLE ATUL SREEDHARAN, J.
                                                     HON'BLE VIVEK SARAN, J.

                                    1. Heard learned counsel for the petitioners and learned Standing Counsel
                                    for the State-respondents.

                                    2. Learned counsel for the petitioners wants to withdraw this petition with
                                    liberty to file a better constituted petition afresh.

                                    3. The present writ petition is dismissed as withdrawn with liberty
                                    aforementioned.

                                    May 14, 2026
                                    rkg
                                                                      (Vivek Saran,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAKESH KUMAR GAUTAM
High Court of Judicature at Allahabad


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