Court No. - 21
Case :- WRIT - C No. - 16179 of 2017 Petitioner :- Jay Narayan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.K. Singh Vashisht Counsel for Respondent :- C.S.C.,Qamrul Hasan Siddiqui
Hon'ble V.K. Shukla,J.
Hon'ble Mahesh Chandra Tripathi,J.
Jay Narayan Singh is before this Court with a prayer to comply with the order dated 29th September, 2016.
Earlier the petitioner has been before this Court by preferring Writ Petition No.42483 of 2016 (Jay Narayan Singh v. State of U.P. & Ors.) and this Court proceeded to pass the following order:-
"After the matter was argued at some length, learned counsel for the petitioner submits that the writ petition may be dismissed as not pressed and the petitioner will pursue his remedy before the authority concerned.
The writ petition is dismissed with the aforesaid liberty."
The petitioner, thereafter, proceeded to represent the matter and it appears that from Construction and Design Services, a communication dated 29th September, 2016 has been sent to Project Manager of U.P. Jal Nigam, Allahabad to look into the matter and the petitioner is once again before this Court.
Once this Court in the past has not at all proceeded to entertain the writ petition in question and the petitioner had voluntarily chosen to pursue his remedy before the authority concerned and it has been informed that he is pursuing the same, certainly the second writ petition in question cannot be entertained with the change in prayers made. Change of language will not give second opportunity to the petitioner to file second writ petition.
In view of this, the writ petition in question is dismissed.
This order in question has been passed with due assistance of Shri Azad Khan holding brief of Shri Q.H. Siddiqui for the respondents.
Order Date :- 18.4.2017 SP/