This application for a writ of mandamus was dismissed as barred by the doctrine of res judicata. The Court noted that the petitioner had filed an identical petition (W.P. No. 1895 (W) of 2019) on the same cause of action, which was previously dismissed, rendering the current petition not maintainable.
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33 14.01.2021 . d.p.
W.P.A. 11708 of 2019 (Via Video Conference)
Sakila Khatun (Begam) -versus
State of West Bengal & Ors.
Ms. Pampa Dey (Dhabal), Ms. Sangita Banerjee. …For the Petitioner.
Mr. Soumik Ganguli. …For the Respondent No. 9.
The petitioner has filed this application praying for issuance of writ of mandamus commanding the respondents to take steps in terms of the ‘Brochure for selection of RGGLV’ and further commanding the respondents to stop the illegal construction of a new Gas Godown.
The learned advocate appearing for the private respondent submits that the instant writ petition is barred by the principle of res judicata .
A copy of the writ petition being W.P. No.1895 (W) of 2019 has been handed over to the Court. It appears therefrom that the prayer made in W.P. No. 1895 (W) of 2019 and the prayers of the present writ petition are exactly the same. The earlier writ petition was disposed of by the Court on 1st March, 2019. The second writ petition on the selfsame cause of action with the selfsame prayers is not maintainable under the provision of law.
2
In view of the above, no relief can be granted to the petitioner. The instant writ petition fails and is hereby dismissed.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)
1 issue framed by the court
Whether the instant writ petition is maintainable in light of a prior petition on the same cause of action.
Sakila Khatun (Begam)
State of West Bengal
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
