Shri. Haridas Sambhaji Mohod v. The State Of Maharashtra, Through Its Secretary, Agriculture Department And Others

wp5230.15 1/1 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5230 OF 2015 Haridas Sambhaji Mohod -vsThe State of Maharashtra, thr.its Secretary, Agriculture Deptt. and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. Vishal Anand, counsel for the petitioner. Mr. D.B. Patel, AGP for the respondent Nos.1 to 5. CORAM : SMT. VASANTI A. NAIK & A. I. S. CHEEMA, JJ.

DATE : 16.10.2015.

Heard.

By this petition, the petitioner challenges the order of the Maharashtra Administrative Tribunal dismissing the original application filed by the petitioner on the ground that the petitioner had challenged the very order that was challenged in this original application in a previous original application and had simplicitor withdrawn the previous original application. The Maharashtra Administrative Tribunal rightly held that since the petitioner had not sought liberty to file a fresh original application challenging the order dated 25/06/1991 that was challenged in the earlier original application, a second original application with the similar prayer was not tenable. The Tribunal rightly held that the second original application was barred by the provisions akin to the provisions of Order XXIII Rule 1 of the Code of Civil Procedure. We do not find any illegality with the order of the Tribunal so as to interfere with the same, in exercise of the writ jurisdiction. The writ petition is dismissed with no order as to costs.

JUDGE JUDGE KHUNTE