TRIPURA FOREST DEVP. AND PLANTATION CORPORATION LTD. AND ORS. Vs. JIBAN KR. DASGUPTA

JUDGEMENT

(1.) HEARD Mr. K.N. Bhattacharjee, learned senior Counsel being assisted by Mr. R. Debnath, learned Counsel for the Appellants and the Respondent Shri. Jiban Kr. Dasgupta in -person.

(2.) THIS writ appeal is directed against the judgment and order dated 22.2.2002, passed by the learned Single Judge in Civil Rule No. 515 of 1996.

(3.) MR . Bhattacharjee, learned senior Counsel for the Appellant has raised a preliminary objection regarding the maintainability of the writ petition No. Civil Rule 515 of 1996 on the ground that the Respondent Shri. Jiban Kr. Dasgupta (hereinafter referred to as "the Petitioner") had earlier instituted Civil Rule No. 103 of 1989 and the said Civil Rule was withdrawn by him without seeking any liberty or permission for filing a fresh writ petition and hence the subsequent writ petition was not maintainable. Mr Bhattacharjee has placed reliance on a decision of the Hon'ble Apex Court in the case of "Sarguja Transport Service, Petitioner v. State Transport Appellate Tribunal, Gwalior and Ors. Respondents, reported in : AIR 1987 SC 88", wherein it was held in case of withdrawal of a petition under Article 226 of the Constitution without permission to institute fresh petition, fresh petition under Article 226 of the Constitution in respect of a same cause of action is not maintainable.