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MOHD ISHAQUE & ANOTHER versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Mohd Ishaque & Another v. State Of U.P. & Another - WRIT - C No. 63671 of 2005 [2006] RD-AH 8606 (28 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved

Civil Misc. (Withdrawal) Application No. 61880 of 2006.

Mohd. Ishaque and another...............................Applicants.

IN

Civil Misc. Writ Petition No. 63671 of 2005

Mohd. Ishaque and another...............................Petitioners

Versus

State of U.P. and another..................................Respondents.

Hon. S.N.Srivastava, J.

Application in hand has been filed with the prayer to dismiss the writ petition as withdrawn. The aforesaid application has been filed on behalf of the applicants by Sri Namvar Singh in the course when the Court was seized of enquiry about filing a second writ petition with the same set of facts and reliefs and the grounds set out therein for seeking dismissal as withdrawn are that the petition was ill-advised and has been filed prematurely.

In support of claim for dismissal of the writ petition as withdrawn, the learned counsel cited a decision-Jitendra Kumar Jain and another v. State of U.P. and others (1990) 2 UPLBEC 1238 and Shaik Hussain and sons v. M.G.Kannaiah and another AIR 1981 SC 1725.

From a perusal of decisions cited above, it would transpire that none of the decisions deal with the fact-situation of the present case and they appear to have been rendered in different set of circumstances and context and therefore, the same cannot be called in aid for application to the facts of the present case.

In the result, the application seeking dismissal of writ petition as withdrawn is rejected.

M.H.

28.4.2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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