All HC | Order dismissing first writ petition operates as res judicata; second petition on same facts not allowed

Allahabad High Court: This writ petition was filed before a Divison Bench of Pankaj Kumar Jaiswal and Dr Yogendra Kumar Srivastava, JJ., for issuance of direction to respondent to consider the claim of petitioners for providing compensation in lieu of acquisition of plot situated in Village Pratap Patti District Varanasi in accordance with the provisions of Land Acquisition Act, 1894 along with interest and other consequential benefits.

Repondent submitted that petitioner on an earlier occasion filed a writ petition which was dismissed by the Court. Both the instant and earlier writ petitions were seeking similar reliefs which was dismissed and instant petition being filed with same cause of action could not have been entertained as the underlying principle under Order 23 Rule 1 of the Civil Procedure Code.

Catena of cases were referred to for understanding the settled principle that though the Code does not apply to writ proceedings but it may be extended to the same in the interest of administration of justice. Allahabad High Court Rules, 1952 were mentioned wherein Rule 7 of Chapter 22 specifically barred filing of a second application under Article 226 on the same facts.

High Court noted the specific bar in the aforementioned rule of the High Court Rules, 1952 and relied on the case of Forward Construction Co. v. Prabhat Mandal, (1986) 1 SCC 100 where it was held that the order dismissing the first writ petition operates as res judicata between the parties and the person against whom the order has been passed has got no right to file a second petition on the same set of facts and in light of the underlying principle in Civil Procedure Code which were founded on public policy, no second writ application could have been filed. Therefore, this writ petition was dismissed. [Pawan Kumar Singh v. State of U.P., 2019 SCC OnLine All 1777, order dated 13-02-2019]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.