Dismissed¶14

Ram Ratan v. State of U.P. and 3 Others

Allahabad HC7 Jan 2020WRIC/327/2020

Case brief

AI extract

What is this about?

Second writ petition — maintainability — same cause of action — dismissal. Earlier petition WRIT - C No. 32248 of 2019 (Ram Ratan Vs. State of U.P. and 3 others) dismissed as withdrawn with liberty to approach authorities; representation pending undecided before authorities; mandamus sought for payment of tube-well cost with interest over acquired land bearing Khasra No. 531. Ram Ratan v. State of U.P., Allahabad High Court, Division Bench (Bala Krishna Narayana and Shamim Ahmed, JJ.), order dated 7.1.2020.

What did the court decide?

A second writ petition on the same cause of action is not maintainable and is liable to be dismissed. ¶14

Ram Ratan Vs State of U.P. and 3 Others — Allahabad HC (2020) — LawSathi Research

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Court No. - 4

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Case :- WRIT - C No. - 327 of 2020

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Petitioner :- Ram Ratan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hans Pratap Singh Counsel for Respondent :- C.S.C.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1, 3 and 4 and Sri S. C. Dwivedi, learned counsel for the respondent no. 2.

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This writ petition has been filed by the petitioner with the following prayer to :-

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A. issue a writ, order or direction in the nature of mandamus directing the respondent authorities to make the payment of cost of the tube-well standing over the land of Khasra No. 531 duly acquired by them along with interest upto date expeditiously within the period stipulated by this Hon'ble Court.

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B. issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the present case.

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C. award cost of petition in favour of the petitioner.

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Record shows that before filing this writ petition, the petitioner had filed WRIT - C No. 32248 of 2019 (Ram Ratan Vs. State of U.P. and 3 others) with the same prayer and with the same cause of action which was dismissed by this Court by order dated 17.10.2019 which runs as hereunder :-

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Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 3 and 4 and Sri M.C. Chaturvedi (Sr. Adv.) assisted by Sri S.C. Dwivedi, learned counsels for respondent no. 2.

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Learned counsel for the petitioner has made a prayer that he may be permitted to withdraw the writ petition at this stage with liberty to approach the authorities for redressal of his grievance.

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Accordingly, the writ petition stands dismissed as withdrawn with liberty as prayed.

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Record further shows that the petitioner has approached this Court again without waiting for the authorities to decide his representation. The second writ petition on the same cause of action is not maintainable and is accordingly dismissed.

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Order Date :- 7.1.2020 KS

Ram Ratan v. State of U.P. and 3 Others

Case brief

What is this about?

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Ram Ratan v. State of U.P. and 3 Others

Case brief

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