Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioner and Sri S. B. Pandey, learned counsel assisted by Sri Varun Pandey, who has put in appearance on behalf of opposite party nos.1 and 2.
The petitioner, who is a practicing advocate had previously filed a writ petition before this Court with respect to the same cause. The writ petition registered as Writ Petition No.4518 (MB) of 2021 was disposed of on 11.02.2021 in terms of the following order :
"Heard Shri Upendra Nath Misra, learned Senior Advocate, assisted by Shri S. S. Rajawat for the petitioner and Shri S. B. Pandey, learned Assistant Solicitor General of India and Senior Advocate along with Shri Shiv P. Shukla for the respondent nos.1 and 2.
After arguing at some length, learned Senior Advocate, Shri Misra in presence of the petitioner states that the petitioner may be permitted to withdraw the writ petition. However, since his daughter is studying in class XI and his son aged about 14, is suffering from autism, some time may be provided to vacate the premises in question.
Accordingly, having regard to the overall facts and circumstances of the case, this petition is dismissed as withdrawn.
However, we provide that the petitioner shall not be evicted from the flat in question till 31.05.2021, by which date, he shall himself handover the vacant possession of the flat in question to the authorities of the Enforcement Directorate."
We fail to understand as to how and for what cause the petitioner has approached this Court even prior to the deadline fixed in the earlier order passed by this Court.
The present writ petition is clearly a successive writ petition for the same cause and the same is not maintainable in the eye of law once a final order has already been passed and is operative as on date. This order has been found without prejudice to the pending application, if any, filed in the earlier writ petition.
The writ petition is accordingly dismissed.
Order Date :- 28.5.2021 Mahesh