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Allahabad High Court

ETAH WINE TRADERS AOPversusUNION OF INDIA AND 5 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

Petitioner Etah Wine Traders AOP filed a writ petition before the Allahabad High Court. The petition was found to contain incurable defects in its pleadings. Counsel for the petitioner requested permission to withdraw the petition and be allowed to file a fresh one. The respondents, representing the Union of India and others, raised no objection to the withdrawal. The Court accepted the request, dismissed the present petition as withdrawn, and granted liberty to file a fresh petition.

Issues considered

  • Whether a writ petition with incurable defects can be withdrawn with liberty to file a fresh petition

Subjects

  • withdrawal of writ petition
  • procedural defect
  • high court jurisdiction
  • liberty to file fresh petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT TAX No. - 3901 of 2026

                                    Etah Wine Traders Aop
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Union Of India And 5 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Abhinav Mehrotra, Bhavna Mehrotra,
                                                                      Divyendu Tripathi, Satya Vrata
                                                                      Mehrotra, Supragya Ram Mishra
                                    Counsel for Respondent(s)       : A.S.G.I., Ankur Agarwal, Krishna Ji
                                                                      Shukla

                                    Court No. - 39
                                                     HON'BLE SAUMITRA DAYAL SINGH, J.
                                                     HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. At the outset, Shri Abhinav Mehrotra, learned counsel for the petitioner
                                    submits that the petitioner may be permitted to withdraw this petition with
                                    liberty to file fresh petition, as certain incurable defects have crept in the
                                    pleadings.

                                    2. Shri Ankur Agarwal, learned counsel for the revenue and Shri Krishna
                                    Ji Shukla, learned counsel for the union has no objection.

                                    3. Accordingly, the present writ petition is dismissed as withdrawn with
                                    liberty to file fresh.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 23, 2026
                                    Bhanu




Digitally signed by :-
BHANU PRATAP KUSHWAHA
High Court of Judicature at Allahabad


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