ARUN KUMAR, C.J. - (1.) A Division Bench of this Court vide order dated 23-10-1996 referred the following question for consideration by a larger Bench : "Whether the decision in Sarjuja Transport Service's case would operate as an absolute bar against entertainment of any subsequent writ petition when an earlier petition has been withdrawn without liberty to file a fresh petition and in no circumstances a second petition can be entertained by the High Court on the same subject-matter." In view of the said reference order, the matter has been placed before this Full Bench.
(2.) We have heard learned Counsel for the parties.
(3.) In order to appreciate the controversy in the case, a brief background may be stated. A writ petition under Article 226 of the Constitution of India was filed in this Court challenging an order passed by the Board of Revenue. This writ petition bearing No. 5289 of 1993 was dismissed as withdrawn on 13-3-1995. Thereafter, a review petition is said to have been filed before the Board of Revenue on 30-3-1995. The review petition was rejected by the Board of Revenue on 23-8-1995. On 13-9-1995, another writ petition was filed by the same petitioner challenging the earlier order of the Board of Revenue as well as the subsequent order passed by the Board of Revenue on the review application. This writ petition was dismissed by a single Judge of this Court on 20-9-1995 in view of the dismissal of the earlier writ petition on the same cause of action without reserving liberty to institute another petition. On 9-10-1995, a special appeal was filed before the Division Bench against the order of the learned single Judge. In the said special appeal the above-quoted reference order was passed on 23-10-1996.;