Ramakant vs State Of U.P. & 2 Others
2013 Latest Caselaw 7409 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 67720 of 2013
 

 
Petitioner :- Ramakant
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Vidya Bhushan Srivastava
 
Counsel for Respondent :- C.S.C.,Vivek Varma
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

From the record that it is apparent that petitioner had filed writ petition being writ petition No. 35109 of 2012 which was dismissed vide order dated 3.7.2013 on the ground that petitioner had already instituted a civil suit which was pending.   The suit has been dismissed in default on 13.7.2012.

The petitioner has therefore filed this second petition for the same cause and the same relief.  In our opinion the writ petition is wholly misconceived.

A Division Bench of this Court has already held in the case of Regional Manager vs. Pradeep Goyal: 1992 Allahabad Civil Journal page 274  that if a suit is dismissed in default, the writ petition for the same cause would not be maintainable.

With the aforesaid observation, the writ petition is dismissed.

Order Date :- 11.12.2013

Priyanka