This court dismissed the writ petition as barred by the principle of res judicata, noting a prior petition on the same cause of action was dismissed for want of prosecution in 2003.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition No. 6337 of 2011
Murlidhar Uddhav Lokhande
...Versus...
The C.E.O., Z.P. Yavatmal & ors.
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directio ns and Registrar's orders.
Mr. H.R. Gadhia Advocate for Petitioner. Mr. D.A. Sonwane Adv., for Res. 1. Mrs. Deshpande AGP for Respondent no. 3.
… CORAM : Smt. Vasanti A. Naik & Sunil P. Deshmukh, JJ.
DATE : 05.09.2012.
It appears that the petitioner had previously filed W.P. No. 361 of 1997 seeking similar relief, as claimed in the instant petition. It further appears that the said writ petition was dismissed for want of prosecution on 1.10.2003 and Rule was discharged. In such background, the petitioner cannot be permitted to file a fresh petition on the same cause of action. Hence, the writ petition is dismissed with no order as to costs.
JUDGE JUDGE
59wp6337.11.odt
/TA/
Murlidhar Uddhav Lokhande
The C.E.O., Z.P. Yavatmal
Vasanti A. Naik
Sunil P. Deshmukh
As recorded by the court registry
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