This Court dismissed a writ petition as not maintainable for seeking identical relief already granted in a previous writ petition dated 12.12.2008. The prayer for determination of village borders and pillaring had already been directed in W.P. No. 64243 of 2008.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- WRIT - C No. - 13325 of 2020 Petitioner :- Sarva Dutt Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Singh,Shrawan Kumar Pandey
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Bhupendra Kumar Tripathi, counsel for the respondent.
The writ petition has been filed seeking the following relief-
i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent authorities to determine the village border of the village Rasula, Gajraula & Jagat and thereafter pillaring of the above noted village border stone has been ensure in this regard on 12.12.2008 this Hon'ble Court was already been directed to the consolidation officer Pilibhit in the writ petition no.64243 of 2008 (which is annexed as annexure no.5 )."
Since, the direction prayed for has already been issued vide order dated 12.12.2008 passed by the writ Court, in my considered opinion, the same direction cannot and must not be issued by the High Court repeatedly.
Once a direction has already been issued by the writ Court as admitted in this writ petition by the petitioner, this writ petition is a second writ petition for the same relief and is not maintainable under the rules of the Court.
The writ petition is therefore, dismissed as not maintainable.
Order Date :- 19.10.2020 RKM
1 issue framed by the court
Whether a second writ petition seeking identical relief already granted by this Court is maintainable.
Sarva Dutt Singh
State Of U.P.
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
