The Court dismissed the writ petition as not maintainable. The Court held that the petitioner had withdrawn a prior writ petition on the same subject. Consequently, the present petition is barred by Section 12 of the CPC read with Order XXI Rule 2.
The writ petition was dismissed as not maintainable.
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VIJAY RAM SRIVASTAVA ..... Petitioner
Through Mr. Sahib Rajput & Mr. Sahil Puri, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R % 26.02.2016
Impugned order of the Central Administrative Tribunal, Principal Bench, Delhi dated 25th March, 2014 was made subject matter of challenge in W.P. (C) No. 773/2015 titled Vijay Ram Srivastava versus Union of India and Others . This writ petition after some hearing was withdrawn by the counsel for the petitioner as is recorded in the order dated 5th February, 2015 enclosed as Annexure P-1. In these circumstances, the second writ petition would not be maintainable in terms of Section 12 of the Code of Civil Procedure, 1908 read with Order XXIII of the same Code. The writ petition is dismissed as not maintainable.
SANJIV KHANNA, J.
NAJMI WAZIRI, J.
FEBRUARY 26, 2016 VKR
2 issues framed by the court
Whether a second writ petition is maintainable after the petitioner withdrew a first petition on the same subject.
Whether the second writ petition is barred under Section 12 read with Order XXI Rule 2 CPC by reason of prior withdrawal.
2 provisions across 1 enactments
Vijay Ram Srivastava
Union of India & Ors.
Sanjiv Khanna
Najmi Waziri
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
