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2007 DAILYLAW 2704 (DEL)

DHANESH IESHDHAN v. DIRECTOR, DEPARTMENT OF ANIMAL HUSBANDRY, DELHI. GOVT.

2007-10-04

Sanjiv Khanna

body2007
MUKUNDAKAM SHARMA, CJ, J. ( 1 ) THIS appeal is directed against the order dated 8th February, 2006, whereby the learned Single Judge dismissed the writ petition being WP (C) No. 1902/2006 holding that the grievances raised in the said writ petition are fully covered by the earlier decision of the Single Judge in WP (C) No. 3195/2003. It was held that the said writ petition W. P. (C) No. 3195/2003 was dismissed as not maintainable, yet the appellant/petitioner had again approached the Court for ventilating the same grievances. The writ petition was accordingly dismissed with costs of Rs. 2,000/ -. ( 2 ) BEING aggrieved by the aforesaid order, this appeal is filed on which we have heard the learned counsel for the parties. We have also perused the records annexed with the appeal. ( 3 ) WE also called for the records of WP (C) No. 3195/2003. The said writ petition was dismissed by this Court by order dated 22nd May, 2003. On going through the contents of the aforesaid order, we also find that this is the third round of litigation. The appellant earlier filed another writ petition on the same subject matter being CW No. 5512/2002 and the same was dismissed as withdrawn on 2nd September, 2002, by the following order: "learned counsel for the petitioner seeks leave to withdraw the writ petition to pursue the remedies in the civil forum. Leave granted. The writ petition is dismissed as withdrawn. " ( 4 ) DESPITE the said order, the same petitioner again filed a writ petition registered as WP (C) No. 3195/2003. After recording the aforesaid order passed on 2nd September, 2002, the learned Single Judge dismissed the said writ petition on 22nd May, 2003. While passing the said order, learned Single Judge noticed that the allotment of the Gosadan to the appellant was cancelled on 12th february, 1997 and the writ was belatedly filed in 2003. It was also noticed that CW No. 5512/2002 was withdrawn to pursue remedy in the civil forum. The said order has become final and binding. ( 5 ) THE petitioner again filed a writ petition being WP (C) No. 1902/2006, which stands dismissed by the impugned order. ( 6 ) THERE is an aspect which is to be noticed. The appellant had earlier approached this Court as "dhanesh Kumar R/o 177-A, Utsav Vihar, Village " kerala, Delhi". The said order has become final and binding. ( 5 ) THE petitioner again filed a writ petition being WP (C) No. 1902/2006, which stands dismissed by the impugned order. ( 6 ) THERE is an aspect which is to be noticed. The appellant had earlier approached this Court as "dhanesh Kumar R/o 177-A, Utsav Vihar, Village " kerala, Delhi". The said appellant has now approached this Court as "dhanesh ieshdhan c/o Sh. S. C. Patel, 126, Lawyers Chamber, Supreme Court of India, New delhi", but he is the same person as also agreed to by the counsel for the appellant. ( 7 ) SINCE the appellant / petitioner had earlier filed two writ petitions, which were dismissed, this appeal is held to be not maintainable and is dismissed accordingly. We impose costs of Rs. 25,000/- (Rupees twenty five thousand only)on the appellant, which shall be realised as arrears of land revenue from the appellant and shall be paid to Delhi Legal Services Authority.