2018 (5) TMI 224 - SC - Indian Laws

Maintainability of petition - petitioner having withdrawn earlier writ petition without any leave - Held that - It is fairly clear that the petition was withdrawn only on account of the pendency of the appeal. Apparently, that is why the High Court has, in fact, not dismissed the petition; it has only disposed it of - It appears that the prayer challenging the subsequent order passed in appeal was not brought to the notice of the High Court - petition is maintainable.

Summary

Issues:
1. Maintainability of the second writ petition after withdrawal of the earlier petition without leave.

Analysis:
The appellant was non-suited by the High Court for filing a second writ petition, which was deemed not maintainable due to the withdrawal of an earlier petition without seeking leave. The earlier writ petition was withdrawn with permission, and the High Court disposed of it without dismissal. The second writ petition challenged a subsequent order passed in appeal, which was not brought to the notice of the High Court during the proceedings.

The Supreme Court found that the second writ petition was maintainable as the challenge to the subsequent order was not considered by the High Court. The Court set aside the impugned judgment and directed the High Court to consider the second writ petition on its merits. It was clarified that the Supreme Court did not delve into the merits of the case but focused on the maintainability of the petition.

The Court ordered the appellant to serve a copy of the judgment along with the petition/appeal to the respondents. The appeal was disposed of, and any pending applications were also resolved. No costs were awarded in the judgment, and the matter was concluded without further legal proceedings.