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    WP (C) 2354 24 (02.05.24) 1

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    rishabhbisen2023
    Writ petition for civil remedy, if petitioner withdrawn without liberty to file a fresh, second writ petition not maintainable under Section 11 of CPC

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    WP (C) 2354 24 (02.05.24) 1

    Uploaded by

    rishabhbisen2023
    10 views2 pages
    Writ petition for civil remedy, if petitioner withdrawn without liberty to file a fresh, second writ petition not maintainable under Section 11 of CPC

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    WP(C)2354_24(02.05.24)_1

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    Writ petition for civil remedy, if petitioner withdrawn without liberty to file a fresh, second writ petition not maintainable under Section 11 of CPC

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    10 views2 pages

    WP (C) 2354 24 (02.05.24) 1

    Uploaded by

    rishabhbisen2023
    Writ petition for civil remedy, if petitioner withdrawn without liberty to file a fresh, second writ petition not maintainable under Section 11 of CPC

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Neutral Citation

    2024:CGHC:15789

    NAFR
    HIGH COURT OF CHHATTISGARH, BILASPUR
    WPC No. 2354 of 2024
    Amar Agrawal Aged About - 45 Years, S/o Late Arun Agrawal R/o D-3 Villa
    California, Amleshwar District Durg Chhattisgarh Through General Power Of
    Attorney Issued By Sangeeta Agrawal W/o Pawan, Agrawal R/o Hotel
    Kanishka 1st Floor Raigarh, District Raigarh Chhattisgarh.
    ---- Petitioner
    Versus
    1. Collector Raigarh District Raigarh Chhattisgarh
    2. Sub Divisional Magistrate, Tehsil Kharsia, District : Raigarh, Chhattisgarh
    3. Tehsildar, Kharsia , Tehsil Kharsia, District : Raigarh, Chhattisgarh
    4. Halka Patwari Patwari Halka No. 22, Village And Tehsil Kharsia, District
    Raigarh Chhattisgarh.
    5. Gopal Giri S/o Shankar GiriR/o Sanjay Nagar, Kharsia, District Raigarh
    6. Laxman Giri S/o Shankar GiriR/o Sanjay Nagar, Kharsia, District Raigarh
    ---- Respondents
    (Cause-title is taken from Case Information System)
    -----------------------------------------------------------------------------------------------
    For Petitioner : Mr. Rishabh Bisen, Advocate.

    For Respondents : Mr. Shreyansh Mehta, P. L.


    -----------------------------------------------------------------------------------------------
    Hon'ble Shri Justice Rakesh Mohan Pandey
    Order on Board
    02.05.2024

    1. Earlier, the petitioner had filed WPC/2037/2024 seeking similar relief

    which was dismissed as withdrawn by this Court vide order dated

    18.04.2024 wherein no liberty was granted to petitioner to revive the

    prayer.

    2. The petitioner has filed instant writ petition seeking similar relief(s),

    which is not maintainable according to the judgment rendered by the

    Hon’ble Supreme Court in the matter of Sarguja Transport Service vs

    State Transport Appellate Tribunal, M. P., Gwalior & Ors. reported in

    1987 AIR 88 wherein the apex Court has categorically held as under:-
    Neutral Citation
    2024:CGHC:15789

    “The High Court was right in holding that a fresh


    petition was not maintainable before it in respect of the
    same subject matter since the earlier writ petition had
    been withdrawn without permission to file a fresh petition.
    2.1 The principle underlying rule 1, Order XXIII of
    the Code of Civil Procedure that when a plaintiff once
    institutes a suit in a Court and thereby avails of a remedy
    given to him under law, he cannot be permitted to institute
    a fresh suit in respect of the same subject matter again
    after abandoning the earlier suit or by withdrawing it
    without the permission Of the Court to file fresh suit.
    should be extended in the interest of justice on the ground
    of public policy to cases of withdrawal of writ petition also.
    2.2 Invito beneficium non datur. The law confers upon a
    man no rights or benefits which he does not desire.
    Whoever waives. abandons or disclaims a right would
    loose it”

    3. Taking into consideration the facts of present case and the law laid

    down by Hon’ble Supreme Court in the matter of Sarguja Transport

    Service (supra), present writ petition is dismissed. No order as to costs.

    Sd/-
    (Rakesh Mohan Pandey)
    Judge
    Ajinkya

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