Court No. - 40
Case :- WRIT - C No. - 14861 of 2018 Petitioner :- Mohd. Idrish Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
The petitioner had earlier filed Writ Petition No.13438 of 2018 that was dismissed as withrawan as relvant facts and pleadings were missing with liberty to file fresh. facts Sri Arvind Kumar, learned counsel for the petitioner has urged that this is a fresh cause of action relating to the recovery the genesis whereof lies in the rejection of the representation on 01.02.2014 by the Zila Panchayat, Kaushambi.
We find from paragraph no.12 of the writ petition that the petitioner has already filed two writ petitions before this Court being Writ Petition No.12187 of 2014 and 14948 of 2014 against the Zila Panchayat as well as the State against the aforesaid action. Learned counsel submits that both the writ petitions are still pending.The petitioner had nowhere disclosed the filing of Writ Petition No.14948 of 2014 in the previous Writ Petition No.13438 of 2018 that was got dismissed as withdrawn with liberty to file fresh.
In our considered opinion the cause of action to the petitioner is not a fresh cause of auction but a consequential cause of action arising out of the same proceedings calling upon the petitioner to make good the deposit which is sought to be realized from him. This recovery citation therefore is open to challenge in the same writ petition. The present writ petition is therefore not entertainable. It is consigned to records.
Order Date :- 24.4.2018 R./