Petitioners filed a writ petition known to be not maintainable after a prior order in another case. The court dismissed the writ as frivolous litigation without costing the petitioners.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1446 of 2020
======================================================
... ... Petitioners
Versus
... ... Respondents
====================================================== Appearance : For the Petitioners : Mr.Tejendra Sinha, Adv. For the State : Mr.Vasant Vikash, AC to GP 12 For the State Health Society : Mr. K.K. Sinha with Mr. Shashi Shekhar, Advocates. ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 14-09-2022
Heard learned counsel for the petitioners, learned counsel
for the State and learned counsel for the Bihar State Health Society.
It is admitted by the petitioners that for the same cause of action, they have moved this Court earlier, whereupon, the order was passed on 01.05.2018, in C.W.J.C. No. 17825 of 2017, which reads as follows:-
“ After some arguments, the learned counsel for the petitioners, faced with the issue
Patna High Court CWJC No.1446 of 2020(2) dt.14-09-2022 2/2
of maintainability, seeks to withdraw the present petition with liberty to approach appropriate forum. The writ petition is disposed of as withdraw .”
The said order has not been assailed by the petitioners in Intra Court Appeal. Knowing fully well that their petition is not maintainable which is apparent from the order dated 01.05.2018, passed in the earlier writ proceedings. For the same relief, another writ petition has been filed.
This Court would observe that for resorting to such frivolous litigation, the petitioners, prima facie should be saddled with some cost.
The writ application, however, is dismissed without any order as to cost.
(Madhuresh Prasad, J)
shyambihari/-
U
RAUSHAN KUMAR
RAVI SHANKAR SINGH
THE STATE OF BIHAR
THE BIHAR STATE HEALTH SOCIETY
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
