SARGUJA TRANSPORT SERVICE versus STATE TRANSPORT APPELLATE TRIBUNAL, M.P., GWALIOR AND OTHERS

SARGUJA TRANSPORT SERVICE versus STATE TRANSPORT APPELLATE TRIBUNAL, M.P., GWALIOR AND OTHERS

A petitioner withdrawing a writ petition under Article 226/227 of the Constitution without the permission of the Court to file a fresh petition is barred from presenting a fresh petition to the High Court on the same cause of action; this principle is adopted on grounds of public policy to prevent abuse of process, though it is not based on res judicata.

Parties
Petitioner: Sarguja Transport Service; Respondents: State Transport Appellate Tribunal, Madhya Pradesh, Gwalior and Others
Jurisdiction
India
Judgment Date
12 November 1986
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appeal From Dismissal of Writ Petition at Admission Stage
Outcome
Special Leave Petition dismissed.
Legal Topics
Withdrawal of Writ Petition, Order XXIII Rule 1 CPC Applicability to Writs, Abandonment of Remedy, Public Policy in Procedure
Constitutional Law Civil Procedure Withdrawal of Writ Petition Order XXIII Rule 1 CPC Applicability to Writs Abandonment of Remedy Public Policy in Procedure

Case Brief

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Parties

Sarguja Transport Service

Petitioner

State Transport Appellate Tribunal, Madhya Pradesh, Gwalior and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appeal From Dismissal of Writ Petition at Admission Stage

Legal Issues

  1. 1 Whether withdrawal of a writ petition under Articles 226/227 without permission to file anew bars a subsequent writ petition on the same cause of action
  2. 2 Whether principles of Order XXIII Rule 1 of the Code of Civil Procedure apply to writ petitions

Ratio Decidendi

A petitioner withdrawing a writ petition under Article 226/227 of the Constitution without the permission of the Court to file a fresh petition is barred from presenting a fresh petition to the High Court on the same cause of action; this principle is adopted on grounds of public policy to prevent abuse of process, though it is not based on res judicata.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Special Leave Petition is dismissed.
  • No ground to interfere with the High Court's decision was found.