The High Court held that the petitioner is at liberty to approach the court again if a fresh cause of action arises, despite a prior order dismissing the writ as withdrawn without seeking liberty.
None; liberty granted to approach if fresh cause of action arises.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1081 of 2020
In
Civil Writ Jurisdiction Case No.20022 of 2018
======================================================
Mohan Kumar Son of Late Jago Choudhary Resident of Kagaji Mohalla P.S. Biharsharif, District Nalanda.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr.Ranjeet Kumar : Mr.Kundan Kumar For the Opposite Party/s : Mr.Vikash Kumar (SC 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 17-02-2021 By an order dated 05.03.2020 passed in C.W.J.C. No. 20022 of 2018, the petitioner’s writ application was dismissed as withdrawn.
The records suggest that a mentioning slip was filed on behalf of the petitioner on 06.02.2020 seeking withdrawal of the writ application as, according to the petitioner, he was orally assured by the respondents that his grievance would be
Patna High Court MJC No.1081 of 2020(2) dt.17-02-2021 2/2
considered.
The only difficulty which the petitioner is presently facing because of the said order dated 05.03.2020 is that since the writ application has been dismissed as withdrawn without any liberty having been sought or granted for the petitioner to approach this Court again, cannot approach this Court again for the relief sought in the writ petition in the absence of liberty granted by this Court, though, despite assurance given by the respondents, his case is not being considered by them.
On perusal of the order dated 05.03.2020, it transpires that this Court had not at all gone into the merits of the case. In the given situation it is observed that the petitioner shall be at liberty to approach this Court if any fresh cause of action arises.
This application stands disposed of with the aforesaid observation.
(Chakradhari Sharan Singh, J)
AKASH/-
U
1 issue framed by the court
Whether the petitioner is at liberty to approach the court again after the writ application was dismissed as withdrawn without liberty.
1 provisions across 1 enactments
MOHAN KUMAR SON OF LATE JAGO CHOUDHARY
STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY REGISTRATION EXCISE AND PROHIBITION DEPARTMENT BIHAR PATNA
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
