AVANISH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) In the present appeal the appellant/petitioner has challenged the order dtd. 13/1/2021 passed by learned Single Judge in CWJC No.19359 of 2016 by which the writ application filed by the appellant/petitioner was dismissed on the ground that for claiming the same relief, the appellant/petitioner had earlier filed CWJC No.19237 of 2015, which was withdrawn unconditionally by the appellant/petitioner without seeking any liberty to move afresh. Hence, the learned Single Judge was not inclined to allow the appellant/petitioner to re-agitate the same issue in the second writ petition bearing CWJC No.19359 of 2016. Being aggrieved with this order of the learned Single Judge, the appellant/petitioner has filed the present LPA as against the aforesaid order.

(3.) Considering the maintainability of a second writ petition, under Article 226 of the Constitution of India in similar circumstances, the learned Single Judge rightly relied upon a decision of the Apex Court, in the case of Joint Action Committee of Air Line Pillots' Associations of India and others vs. Director General of Civil Aviation and others reported in (2011) 5 SCC 435 wherein at paragraph-12 and 13 of the said judgment, the Apex Court held and observed as follows: