The High Court dismissed a writ petition filed by M/s Bharat Dyes and Chemical Industry challenging land acquisition, holding it an abuse of process as a second petition on the same cause of action was not maintainable.
The writ petition was dismissed for being a second petition on the same cause of action.
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.
Civil Writ Petition No.2869 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.2869 of 2012 Date of decision:- 15.02.2012
M/s Bharat Dyes and Chemical Industry
....Petitioner
Vs.
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Maninder Arora, Advocate, for the petitioner.
HEMANT GUPTA, J. (Oral)
The petitioner has filed the present writ petition, though earlier writ petition filed by the petitioner, challenging acquisition, was dismissed by the Division Bench of this Court on 25.05.2006. Special Leave petition filed against the said order was also dismissed by the Hon'ble Supreme Court on 08.01.2007.
The petitioner has invoked writ jurisdiction of this Court pointing out that the land of some other land owners has been released.
We find that the invoking of jurisdiction of this Court is nothing, but an abuse of process of law. There is no document on record that the land of any other land owner has been released. The communication (Annexure P-13) is in respect of the land of the petitioner alone, declining its request for release of land.
Civil Writ Petition No.2869 of 2012 2
Once the writ petition filed by the petitioner has been
dismissed, the second writ petition on the same cause of action is not maintainable.
Consequently, the same is dismissed.
(HEMANT GUPTA) JUDGE (A.N. JINDAL) February 15, 2012 JUDGE ajp
2 issues framed by the court
Whether a second writ petition on the same cause of action was maintainable after the dismissal of the earlier petition.
Whether evidence existed of any other land owner's land being released in the circumstances of the case.
M/s Bharat Dyes and Chemical Industry
State of Haryana
Hemant Gupta
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
