MOHAMMAD ISMAIL NAJAR Vs. STATE OF J&K

JUDGEMENT

(1.) COND . Of Delay(LPA) No.93/2013 For the reasons stated in the application, delay in filing the appeal is condoned and with the consent of the learned counsel for the parties, appeal is taken up for final disposal. LPA No.74/2013 The instant appeal raises an interesting question of law namely whether withdrawal of a suit without seeking liberty to file fresh one would result in res judicata against a litigant debarring him to file a writ petition on the same cause of action. The learned Single Judge has answered this question against the writ petitioner-appellant by holding as under:-

(2.) BRIEF facts of the case as disclosed in the appeal are that the writ petitioner was appointed as casual labourer on daily wages on 14.07.1989 (Annexure-A) and continued to work till the year 1993 along with other persons in the department of Irrigation and Flood Control. He sought benefit of regularization in terms of Rules enacted by SRO 64 of 1994 but no decision was taken on his representation. Then he filed a writ petition bearing SWP No.1284/1998 seeking the relief of regularization, which was disposed of by the Learned Single Judge on 21.08.1998 directing the respondents to treat his petition as his representation and decide the same (Annexure-C).

(3.) THE aforesaid order was challenged by the writ petitioner- appellant by filing a civil suit before the Principal District Judge, Anantnag which was later on transferred to District Judge Kulgam. On the date of filing of SWP No.819/2010, the was pending and an application for withdrawal of the same was filed. These facts are explicit from the averments made by the petitioner-appellant in para-3 of the writ petition.