GURU CHARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, Mr. Ram Krishna Patel, Mr. Adarsh Singh, Mr. Om Prakash Chaube, Mr. Gorakh Yadav, Mr. Kamal Kumar Kesherwani, Mr. Chandra Sekhar Pandey,Sr. Advocate and Mr. Manoj Yadav, learned counsels appearing for petitioner and Mr. J.N. Maurya, learned Chief Standing Counsel assisted by Mr. Chandan Kumar, learned Standing Counsel appearing on behalf respondent-State.

(2.) The question of law required to be adjudicated upon in this bunch of petitions is as follows:

(3.) At the very outset, learned counsel for respondents have taken a plea of some of the petition's not being maintainable in terms of Chapter 22, Rule 7 of the Allahabad High Court Rules since earlier also the same petitioners had filed petitions. However it is not disputed that the earlier petitions had not challenged the orders rejecting claims of petitioner, which are under challenge in the present petitions. As such, the subsequent rejection of claims of petitioners clearly constitutes a fresh cause of action due to which in the considered opinion of this Court, the same would not be barred under Chapter 22 Rule 7 of the Allahabad High Court Rules. The petitions are therefore held maintainable.