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Neutral Citation No. - 2025:AHC:71046 Court No. - 35 Case :- WRIT - C No. - 38904 of 2024 Petitioner :- Raja Ram And Another Respondent :- State Of Up And 10 Others Counsel for Petitioner :- Amish Kumar Srivastava,Ranjeet Verma Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant petition has been filed for the following relief:
"i- issue a writ order or direction in the nature of Mandamus commanding the respondent nos. 2 & 3 to decide the application of the petitioner dated 20.03.2024 and 2.7.2024 presented before him by hand (Annexed as Annexure No. 10 & 11 to the writ petition). ii. Issue a writ order or direction in the nature of mandamus restraining Pvt. Respondents not to creat any hindrance while cultivating the land inquestion."
3. Learned Standing Counsel has raised a preliminary objection regarding maintainability of the writ petition on the ground that for the same cause of action, the petitioners have already filed a writ petition. Thus, in view of provisions of Rule 7 of Chapter XXII of Allahabad High Court Rules, 1952, the second writ petition would not be maintainable on the same facts.
4. From the pleading of the present writ petition, it is evident that for the same cause of action, the second writ petition has been filed by the petitioners.
5. Accordingly, the writ petition is dismissed. Order Date :- 5.5.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad