Panipat Dyers Association Panipat v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19515-2018 (O&M) Date of decision:- 07.08.2018 The Panipat Dyers Association

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present:- Mr. Abhishek Sethi, Advocate, for the petitioner.

* * * * KRISHNA MURARI, C.J. (ORAL) Admittedly, this is the second writ petition seeking same relief based on the same cause of action assailing the same order dated 24.09.2015 which was subject matter of CWP-5698-2016 which was disposed of by the judgement and order dated 17.04.2017 giving liberty to the petitioners, if so advised, to approach the appellate authority for redressal of their grievances in accordance with law.

2.

It is also not in dispute that a review application was filed by the petitioner seeking to review the said judgement which was subsequently dismissed as withdrawn. Learned counsel appearing on behalf of the petitioner has brought these facts to our notice during oral submissions, though the order has not been brought on record of the writ petition. It is well settled proposition of law that a second writ petition based on same cause of action seeking same relief is barred and is not liable to be entertained. It is also to be taken note that the petitioner had filed the instant writ AMODH SHARMA 2018.08.09 14:58 I attest to the accuracy and integrity of this document Chandigarh

CWP-19515-2018(O&M) petition after about more than a year of the dismissal of the earlier writ petition.

3.

For all the aforesaid reasons, this writ petition is barred and accordingly stands dismissed.

(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 07.08.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2018.08.09 14:58 I attest to the accuracy and integrity of this document Chandigarh