Allahabad High Court
M/S ASHOK KUMAR GOOLIYAANversusADDITIONAL COMMISSIONER GRADE 2 AND ANOTHER
- Decided
Holding
A petition may be withdrawn upon the petitioner's request, and the court may grant liberty to re‑file a fresh petition.
Summary
The petitioner, M/s Ashok Kumar Gooliyaan, filed a writ petition before the Allahabad High Court. The petitioner’s counsel sought permission to withdraw the petition on the ground of drafting defects and requested liberty to file a fresh petition. The respondents did not oppose the withdrawal. The Court considered whether a petition could be withdrawn and the petitioner be allowed to re‑file. Since there was no opposition and the request was bona fide, the Court permitted the withdrawal. The petition was dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.
Issues considered
- Whether a writ petition may be withdrawn at the petitioner's request and liberty to file a fresh petition be granted
Subjects
- withdrawal of petition
- drafting defects
- civil procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 2261 of 2026
M/S Ashok Kumar Gooliyaan
.....Petitioner(s)
Versus
Additional Commissioner Grade 2 And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Jaiswal, Shailendra Pratap
Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 3
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Shri Shailendra Pratap Singh, learned counsel for the petitioner prays
that he may be permitted to withdraw the present petition with liberty to
file afresh for reason of drafting defects.
2. Prayer made is not opposed.
3. Accordingly, the present petition is dismissed as withdrawn with the
aforesaid liberty.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
May 7, 2026
Prakhar
Digitally signed by :-
PRAKHAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…