LAWS(UTN)-2015-3-81

DHEERAJ SAXENA Vs. STATE OF UTTARAKHAND AND ORS.

Decided On March 02, 2015
Dheeraj Saxena Appellant
V/S
State of Uttarakhand And Ors. Respondents

JUDGEMENT

(1.) WRIT petition is filed for the following reliefs:

(2.) WRIT Petition No. 319 of 2013 (S/S) was argued by Mr. J.P. Joshi, Senior Advocate assisted by Mr. P.C. Bisht, Advocate for the petitioner. However, Writ Petition No. 319 of 2013 (S/S) was dismissed vide judgment dated 20.12.2013. Judgment dated 20.12.2013, dismissing the Writ Petition No. 319 of 2013 (S/S) was challenged by the petitioner in Special Appeal No. 23 of 2014 which was dismissed by the Division Bench of this Court vide judgment dated 28.4.2014. Petitioner, thereafter, moved a Review Application No. 370 of 2014 in Special Appeal No. 23 of 2014, however, review application was also dismissed by the Division Bench of this Court vide judgment dated 25.7.2014. Thereafter, petitioner has filed present writ petition.

(3.) SHE was permitted to argue the matter on behalf of the petitioner being wife of the petitioner. On being asked repeatedly as to how subsequent/present writ petition is maintainable in view of the dismissal of the earlier Writ Petition No. 319 of 2013 (S/S) and dismissal of special appeal arising therefrom. She stated since entire materials were not placed before this Court and fraud was played while arguing the earlier writ petition. Therefore, subsequent/present writ petition is maintainable.