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2025 DAILYLAW 72736 (ALL)

HARBHAJAN SINGH v. STATE OF U.P. AND 5 OTHERS

A227/6785/2025 · 2025-07-16

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116239 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 6785 of 2025 Petitioner :- Harbhajan Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Prakash Mishra,Rajesh,Sriram Dhar Dubey Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue an order or direction in the nature of interim direction or commanding the Additional District Judge-VII, Ghaziabd to expeditiously decide the S.C.C. Suit No.66 of 2015 (Jogendra Kaur Vs. Gyanendra Kumar Sharma) within stipulated period prescribed in law or as this Hon'ble Court may deem fit and proper for the sake of justice. ii. Issue any other suitable, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case. iii. Award cost to the petition." 3. The record reveals that the petitioner has earlier approached this Court by filing writ petition bearing Matters Under Article 227 No.9302 of 2018 which was disposed off by this Court vide order dated 11.12.2018 directing the Trial Court to decide the S.C.C. Suit No.66 of 2015 expeditiously. 4. Now, the petitioner has again preferred the present writ petition praying for the same relief. 5. Since, the petitioner has already filed petition bearing Matters Under Article 227 No.9302 of 2018 praying for a writ of mandamus directing the Trial Court to decide the S.C.C. Suit No. l66 of 2015, therefore, the present writ petition for the same cause of action is not maintainable as the principle of res-judicata is attracted. 6. Consequently, the writ petition lacks merit and is hereby dismissed with no order as to costs. Order Date :- 17.7.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad