THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 4 ORS

Advocate for the Petitioner : MR. N HAQUE Advocate for the Respondent : GA, ASSAM Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date : 21.12.2023 ORDER The present petitioner had earlier approached this Court, praying for being considered for appointment on compassionate ground, by way of instituting WP(C) No.6786/2022. The said writ petition was withdrawn on 09.01.2023 without any liberty to re-file the same. The present petition being based on the same issue as involved in WP(C) No.6786/2022 and the prayers also being the same, the present writ petition will not be maintainable following the principles of constructive res-judicata (Avinash Nagra –vs- Navodaya Vidyalaya Samiti reported in (1997) 2 SCC 534). The Hon’ble Supreme Court have also held that writ petition filed under Article 226 if withdrawn without permission to file fresh writ petition, then the remedy under Article 226 of the Constitution of India by filing a fresh writ petition in respect of the same subject matter shall not be maintainable since the earlier writ petition was withdrawn without permission to file a fresh petition considering that the petitioner deemed to have abandoned the said cause of action, relying on the principle under Rule 1 of Order 23 of the Code of Civil Procedure in the interest of Administration of Justice to cases of withdrawal of writ petition on the ground of public policy. [Sarguja Transport Service Vs. State Transport Appellate Tribunal, Gwalior and Others, reported in (1987) 1 SCC 5. In that view of the matter, the proceeding in the present case is not maintainable and the same stands dismissed. Comparing Assistant JUDGE