All HC | ‘Bench Hunting’ deprecated by Court – Petition seeking same reliefs as sought in an earlier petition, which was dismissed as withdrawn, not maintainable 

Allahabad High Court: The Bench of B. Amit Sthalekar and Piyush Agrawal, JJ., dismissed a civil writ petition, seeking certain reliefs on a piece of land, holding that the petition was not maintainable.

The instant petition was filed praying for quashing a notification dated 5-9-2017 and declaration dated 27-2-2019 to the extent of a plot in the Gautambudh Nagar District. The petitioners also prayed for any order in the nature of mandamus directing the respondents to release former’s land and mutate it in their name.

The Bench noted that petitioner herein was one of the parties in a petition titled Vijay Singh v. State of U.P., Writ Petition No. 1228 of 2019, wherein identical reliefs were claimed by the petitioners therein (including present petitioner). No new fact or relief had been stated in the instant petition. The earlier petition was dismissed as withdrawn, but the petitioner’s claim was that the same was wrongly done. 

The Court opined that in case the earlier petition was wrongly dismissed, the proper course was to apply for recall of the said order. It was held that filing of a writ petition seeking certain reliefs and then withdrawing the same with liberty to file a fresh writ petition; and again filing a writ petition seeking the same relief before another Bench, would amount to be “Bench hunting”, which could not be allowed. Therefore, this petition was dismissed as not maintainable. [Dheer Singh v. State of U.P., Writ C No. 12468 of 2019, Order dated 22-04-2019]

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