DHANDAS Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) We have heard counsel for the Appellant and the Respondents.

(2.) The present appeal arises from order dated 25.07.2014 dismissing Writ Petition (C) No. 1291 of 2013. The learned single Judge held that Writ Petition (C) No. 7853 of 2011 having been withdrawn on 03.01.2012 without reserving any liberty, a subsequent order in Writ Petition (C) No. 781 of 2011 on 04.09.2012 filed by another does not furnish a fresh cause of action to the Appellant.

(3.) Learned Counsel for the Appellant assailing the order under appeal submits that on the earlier occasion there had been no merit adjudication with regard to the validity of the land acquisition proceedings. The only issue considered by the Court was with regard to enhancement of compensation under Section 18 of the Land Acquisition Act. The writ petition was withdrawn to pursue the same. The challenge to the land acquisition proceedings was not given up or waived. It does not bar or prohibit a fresh subsequent writ petition challenging the acquisition proceedings on which there was no merit adjudication earlier. Reliance is placed on (Daryao v. State of Uttar Pradesh, 1961 AIR(SC) 1457).