Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Fresh Writ For Same Relief Or For Execution Of Order Passed In Earlier Writ Not Maintainable.
JUDGEMENT TITLE : Krishna Kumar Vs. State Of U.P. And Others. On 15/02/2006 By Allahabad High Court
CASE NO : WRIT - C NO. 1407 OF 2006
CORAM : Hon'ble Yatindra Singh,J. And Hon'ble Raghunath Kishore Rastogi,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Reserved




Civil Misc. Writ Petition No. 1407 Of 2006

Krishna Kumar Vs. State Of U.P. And Others




Hon'ble Yatindra Singh,J.
Hon'ble R.K.Rastogi,J.

(Delivered By Hon'ble R.K.Rastogi, J)
This Is A Writ Petition For Quashing The Notice Dated 26.12.2005 Issued By The Respondent No. 2 And For A Direction To The Respondents To Permit The Petitioner To Continue His Mining Operation In Lot No. 2 Khand Sankhya 871, Vill- Piper Deedh , Tehsil Duddhi District Sonbhadra On Royalty Basis.
The Facts Relevant For Disposal Of This Writ Petition Are That The Present Petitioner Had Earlier Filed Civil Misc. Writ Petition No. 72493 Of 2005 In This Court Claiming The Following Reliefs:
"(i) To Issue A Writ, Order Or Direction In The Nature Of Certiorari Quashing The Impugned Order Dated 14.10.2005 Passed By Respondent No.2 And Notice Dated 18.10.2005 Issued By Office Of Respondent No.2.
(ii)To Issue A Writ Order Or Direction In The Nature Of Mandamus Directing The Respondents To Permit The Petitioner To Continue His Mining Operation In Lot 2, Khand Sankhya 871, Vill- Piper Deeh, Tehsil -Dudhi District -Sonbhadra In Pursuance Of Lease Executed On 18.7.2005."
The Arguments In The Aforesaid Writ Petition Were Heard On 28.11.05 And The Judgment Was Reserved. The Following Interim Order Was Also Passed In The Above Writ Petition On The Same Date:

"Till Further Orders Of This Court, State Govt. Will Not Finalise The Lease Of Lot No.2, Khand No. 871, Vill- Piper Deeh, Tehsil Dudhhi, District Sonbhadra."

Before The Judgment Could Be Delivered In The Above Writ Petition The District Magistrate, Sonbhadra Issued A Notice On 26.12.05 Giving Reference Of The Above Order Passed By This Court In The Aforesaid Writ Petition On 28.11.05 And Awaiting For The Judgment He Invited Applications For Grant Of Mining Lease For A Period Of One Month Only To Avoid Loss Of Revenue To The Government. Aggrieved With The Above Notice, The Petitioner Krishna Kumar Filed Present Civil Misc. Writ Petition No. 1407 Of 2006 Seeking The Following Reliefs:

"(i) To Issue A Writ, Order Or Direction In The Nature Of Certiorari Quashing The Impugned Order Dated 26.12.2005 Passed By Respondent No.2 And Notice Dated 18.10.2005 Issued By Office Of Respondent No.2 (Annexure No.1 Of The Writ Petition)
(ii)To Issue Any Other Writ, Order Or Direction In The Nature Of Mandamus Directing The Respondents To Permit The Petitioner To Continue His Mining Operation In Lot 2, Khand Sankhya 871, Vill- Piper Deeh, Tehsil -Dudhi District -Sonbhadra In Pursuance Of Lease Executed On 18.7.2005 On Royalty Basis."

We Have Heard The Learned Counsel For The Petitioner As Well As The Learned Standing Counsel On Merits Of The Writ Petition At The Admission Stage.
We May At The Very Outset Point Out That So Far As The Aforesaid Relief No.1 Is Concerned, The Allegation Of The Petitioner Is That The Impugned Notice Dated 26.12.05 Has Been Issued In Violation Of The Stay Order Passed By This Court . We Are Of The View That No New Writ Petition Is Maintainable For This Relief. The Proper Course For The Petitioner Was To Move A Suitable Application In The Aforesaid Writ Petition In Which Above Stay Order Was Passed.
So Far As The Second Relief Sought In This Writ Petition Is Concerned, It Is In Verbatim A Repetition Of Relief No.2 Sought In The Earlier Writ Petition No. 72493 Of 2005, And When This Relief Had

already Been Sought In That Previously Instituted Writ Petition, A Fresh Writ Petition For The Same Relief Is Not Maintainable.

This Writ Petition Is, Therefore, Dismissed As Not Maintainable.

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