The Division Bench dismissed a second writ petition filed on the same subject matter as a previous petition which had already been dismissed on similar grounds. The court held such a second petition is not maintainable.
The petition was dismissed as not maintainable after a prior petition on the same subject matter was already dismissed.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1154 OF 2007
V. Subramanian .... Petitioner
Vs.
Slum Rehabilitation Authority .... Respondents
& Ors.
None present for the Petitioner.
CORAM : F.I. REBELLO, &
J.P. DEVADHAR, JJ.
DATE : 9TH AUGUST, 2007
P.C.
1) None present for the Petitioner. The Writ
Petition No. 2553 of 2001 filed earlier was
dismissed by an order of the Division Bench of this
Court dated 5th February, 2002 for the reasons set
out in the said order that the case was not
appropriate for exercise of our extra ordinary
jurisdiction.
2) In our opinion, after the disposal of that
petition a second petition on the same subject
matter is not maintainable. Hence, the petition is
dismissed.
( F.I. REBELLO, J.)
2
(J.P. DEVADHAR, J.)
2 issues framed by the court
Whether a second writ petition on the same subject matter is maintainable after a previous petition on identical grounds was dismissed.
Whether the High Court must exercise its jurisdiction again in a second petition with the same facts as one previously dismissed.
Subramanian
Slum Rehabilitation Authority
F.I. Rebello
J.P. Devadhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court