This order dismissed a Special Civil Suit filed by the petitioner to re-hear a Public Interest Litigation that had previously been dismissed as withdrawn, holding the fresh filing impermissible in law.
Permit to avail other remedies under the law; dismissal of the Special Civil Suit.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 428 of 2022
Uttam Kumar Pandey (In Person) S/o Shri B.P. Pandey Aged About 65 Years Advocate, R/o Sai Vihar Colony, Behind Sai Temple, Tifra, Bilaspur 495001 (Chhattisgarh)
---- Petitioner
Versus
---- Respondents
(Cause-title taken from Case Information System)
For Petitioner : Mr. Uttam Pandey, Advocate. For Respondents : Mr. Trivikram Nayak, Panel Lawyer.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Parth Prateem Sahu , Judge
Order on Board
Per Arup Kumar Goswami, Chief Justice
07.09.2022
Heard Mr. Uttam Pandey, learned counsel for the applicant. Also
heard Mr. Trivikram Nayak, learned Panel Lawyer, appearing for the respondents.
“6. Thereafter, the Petitioner has filed MCC
254/2022 for specific Adjudication of the WP(PIL)
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68/2019 and prayed for Specific adjudication the WP(PIL) 68/2019 or Modify the Order dated 18.02.2020 passed in WP(PIL). This MCC was listed on 17.06.2022 before Hon’ble Court, wherein, the Court again expressed that there was no specific order passed in the WP(PIL) 68/2019 to which the Petitioner after arguing for some time, seeks permission to withdraw MCC with liberty to avail other remedies available under law, which was allowed and accordingly the MCC stands dismissed as withdrawn with aforesaid liberty. A Copy of the Order dated 17.06.2022 passed in MCC 254/2022 is filed as Annexure A-4.”
law.
Sd/- Sd/(Arup Kumar Goswami) (Parth Prateem Sahu ) Chief Justice Judge
Hem
2 issues framed by the court
Whether a party can file a fresh Special Civil Suit to re-hear a Public Interest Litigation for which a previous Special Civil Suit was dismissed as withdrawn.
Whether the High Court can modify an order passed in a previously dismissed Public Interest Litigation through a fresh filing.
Uttam Kumar Pandey
State of Chhattisgarh
The Secretary Department of Law
Arup Kumar Goswami
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
