The High Court dismissed a writ petition under Article 227 for lack of proper prayer, granting the petitioner liberty to file a fresh petition within one week after correcting the prayer.
Petition dismissed with liberty to file a fresh petition within one week.
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Neutral Citation No. - 2023:AHC:151406
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 6234 of 2023
Petitioner :- Hari Narayan Respondent :- Seema Devi And 2 Others Counsel for Petitioner :- Avadh Raj Sharma
Hon'ble Jayant Banerji,J.
Heard Shri Satish Chandra Dubey (AOR No.A/S 2381/2013) holding brief of Shri Avadh Raj Sharma, learned counsel for the petitioners.
This petition has been filed seeking the following relief:-
"A. Issue direction to the learned Court i.e. District Judge, Sant Kabir Nagar to stay the effect and operation of impugned order dated 15.03.2023 passed by District Judge, Sant Kabir Nagar in Appeal No.7/2021 (Smt. Seema Devi Vs. Virendra & other) alongwith application no.157 ग 2 being filed by the plaintiff, during pendency of present Misc. Petition (Civil) expeditiously within stipulated period."
As is evident, no proper prayer has been made in this petition.
When confronted, learned counsel for the petitioner prays that he may permitted to withdraw this petition with liberty to file afresh after making proper prayer and enclosing certified copies of documents which the petitioner may seek to challenge.
This petition is, accordingly, dismissed with liberty to file a fresh petition within one week.
Order Date :- 28.7.2023 SK
(Jayant Banerji, J.)
Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether a petition seeking stay requires a proper prayer to be admissible.
Hari Narayan
Seema Devi
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
