Allahabad High Court
JB INDUSTRIESversusUNION OF INDIA AND 2 OTHERS
- Decided
Holding
The Court allowed the withdrawal of the writ petition and dismissed it as withdrawn, granting liberty to file a fresh petition.
Summary
Jb Industries filed a writ petition before the Allahabad High Court. The petitioner later sought to withdraw the petition, citing inherent defects in the pleadings and requesting liberty to file a fresh petition. Notice was served on the revenue counsel, and no objection was raised. The Court allowed the withdrawal application and dismissed the writ petition as withdrawn, granting the liberty to re‑file. The order was pronounced by Judges Saumitra Dayal Singh and Swarupama Chaturvedi on 25 March 2026.
Issues considered
- Whether a writ petition may be withdrawn after filing on the ground of inherent defects in the pleadings
- Whether the Court can grant liberty to the petitioner to file a fresh petition after withdrawal
Subjects
- withdrawal of petition
- writ petition
- inherent defects
- liberty to refile
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 1560 of 2026
Jb Industries
.....Petitioner(s)
Versus
Union Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Upasna Agrawal, Varun Srivastava
Counsel for Respondent(s) : A.S.G.I., Dhananjay Awasthi,
Sudarshan Singh
Court No. - 3
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
Ref.: Civil Misc. Withdrawal Application No.3 of 2026
1. Ms. Upasna Agrawal, learned counsel for the petitioner prayed that she
may be permitted to withdraw this petition with liberty to file fresh
petition for reason of inherent defects in the pleadings.
2. Notice has been served upon Sri Dhananjay Awasthi, learned counsel
for the revenue. In absence of any objection, the prayer made is allowed.
3. In view of the above, the instant withdrawal application stands
allowed.
Ref.: Petition
4. Accordingly, the writ petition is dismissed as withdrawn with the
liberty as prayed for.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
March 25, 2026
Anurag/-
Digitally signed by :-
ANURAG JAISWAL
High Court of Judicature at Allahabad
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