RIKH DEO YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has filed a writ petition before the Lucknow Bench of this Court being Writ Petition No. 62 (M/b) of 2008, Rikh Deo Yadav v. state of (J. P. and others, in which the petitioner has prayed for the following reliefs: " (i ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) to issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 24- 12-2007 contained as Annexure 3 to the writ petition. (iv) to issue a writ, order or direction in the nature of mandamus thereby restraining the respondents from proceeding any meeting for No Confidence against the petitioner. (v ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vi ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2.) THE present writ petition has been reported on 19th Depember, 2007 be fore this Court at Allahabad and has come up for hearing on 4th January, 2008. THE matter was directed to come up on 7th January, 2008 and on 7th January, 2008 was directed to come up today at the request of Counsel for the parties. Sri P. M. Saxena, learned Counsel appearing for respondents No. 3 to 7, has informed this Court and has brought to our notice that the petitioner has already filed a writ petition at Lucknow Bench of this Court for the same relief arising out of the same cause of action as the subject matter of present writ petition, namely, convening a meeting for no confidence motion against the petitioner. This writ petition should not be entertained and should be dismissed as the same is barred under Chapter XXII Rule 7 of the Rules of the Court.

(3.) AS already pointed out the effect of the relief asked for by the petitioner is the same, namely, quashing of the notice for convening meeting for consideration of motion for no-confidence against the petitioner. Thus in our opinion, this writ petition is liable to be dismissed on this ground alone.