Court No. - 9
Case :- WRIT - B No. - 406 of 2019 Petitioner :- Dulari Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Viveka Nand Rai Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioner.
The writ petition has been filed seeking the following relief:
"(a) Issue an order of direction in the nature of mandamus commanding the respondent no.2 to decide the suit no.821/1995 (Mani Kant Lal and others vs. Smt. Dulari Devi) pending before Consolidation Officer, Sadar, Varanasi expeditiously within stipulated time."
From the record, it transpires that an identical writ petition had been filed in the year 2014, wherein a mandamus have been issued by the writ court, while disposing it of.
In my considered opinion, this is a second writ petition on the same cause of action. In view of the provisions contained in Chapter 22 of the High Court, Rules, this second petition is not maintainable. In any case, repeated mandamus is not liable to be issued.
The writ petition is therefore, dismissed as not maintainable being a second writ petition on the same cause of action.
Order Date :- 25.2.2019 Jitendra