ARMA NIRANJAN Vs. STATE OF U P

JUDGEMENT

(1.) IN para 3 of the writ petition it has been stated that earlier also petitioner had filed writ petition no.19944 of 2008 with regard to same controversy which is involved in this writ petition but under assurance given by District Basic Shiksha Adhikari to settle the dispute by adjusting the petitioner in the School of their choice petitioner withdrew the above mentioned writ petition on 19.04.2008. The file of the said writ petition has also been summoned. The said writ petition was dismissed by the following order on 19.04.2008. "Learned counsel for the petitioner stated that he may be permitted to withdraw the writ petition . IN view of the aforesaid statement writ petition is dismissed as withdrawn." IN my opinion after dismissal of the earlier writ petition as withdrawn without any liberty to file another writ petition on the same cause of action having been granted to debars the petitioner from filing another writ petition on the principles of order 23 Rule 1 C.P.C. vide AIR 1987 S.C. 88 Sarguja Transport Service Vs. State Transport and AIR 1999 S.C.509 M/s Upadhyay and Co. Vs. State of U.P. IN this regard reference may also be made to Chapter XXII of Allahabad High Court Rules dealing with writ petitions. Rule 7 of the said Chapter states that where an application has been rejected it shall not be competent for the applicant to make a second application on the same facts. This Court in A.Gaffar Vs. I.Ahmad 1989 ALJ 297 has held that even dismissal in default debars filing of second writ petition on same facts. Learned counsel for the petitioner has cited an authority of this Court reported in Cottage INdustries Vs. A.D.M. 1992 A.W.C. 653 and particularly its para 18. However, the facts of the said case were different, as both the writ petitions were listed together and prayer for dismissal of one writ petition as withdrawn was opposed still it was granted. Accordingly, in my opinion this second writ petition is not maintainable as no liberty to file another writ petition was granted by this Court on 19.4.08 when earlier writ petition on same ground and facts, for same cause of action and for same relief was dismissed as withdrawn. Accordingly, writ petition is dismissed as not maintainable.