YOGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the petitioners.

(2.) Learned GP-2 for the State has assisted the Court.

(3.) At the very outset, learned counsel for the State drew the attention of the Court to paragraph 27 of the application in which it has been stated that earlier for the same cause of action CWJC No.812 of 2018 was filed by the petitioners, which was withdrawn. It was submitted that even though it has further been stated that due to confusion one of the petitioners had prayed for withdrawal of the case, whereas, the others had not given consent, it may, at best, be a ground for review of the order dated 30.10.2018 by which the earlier writ was withdrawn, but cannot be a ground to file a fresh writ application like the present one for the same cause of action, without liberty having been granted to do so in the earlier writ petition, in view of the law laid down by Hon'ble Supreme Court in the case of Sarguja Transport Service vs. State Transport Appellate Tribunal reported as 1987 AIR SC 88.