HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 59962 of 2015 Petitioner :- Smt. Khushbu Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bakhteyar Yusuf Counsel for Respondent :- C.S.C.,Girish Kumar Srivastava Hon'ble Arun Tandon,J.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the petitioner and Sri Girish Kumar Srivastava, Advocate appearing for the respondent no.3.
In view of the fact that the petitioner had filed Writ Petition No.20547 of 2015 challenging the recovery proceeding and had prayed for deposit of the money in instalments without seeking any relief in respect of the recovery charges, which were notified to be recovered thereunder, we do not find it a fit and proper to entertain this writ petition for return of the recovery charges inasmuch as such relief was available to the petitioner in writ petition filed earlier.
This second writ petition is barred by the principles as per Order II, Rule 2 of C.P.C.
The writ petition is dismissed.
Order Date :- 29.10.2015 Ashish Pd.