ORDER :

1. Learned counsel appearing on behalf of the appellants submitted that the dismissal of the first Writ Petition bearing C.M.W.P. No. 12999 of 1991 vide order dated 6.7.2005 passed by the Division Bench of the High Court of Judicature at Allahabad was in limine. It would be res judicata or constructive res judicata. For this purpose learned counsel has relied upon the decision of this Court in Daryao and Others vs. State of U.P. and Others, (1962) 1 SCR 574. Learned counsel has drawn the attention of this court to the following paragraph of the Daryao's case (supra):

"We, must now proceed to state our conclusion on the preliminary objection raised by the respondents. We hold that if a writ petition filed by a party under Article 226 is considered on the merits as a contested matter and is dismissed the decision thus pronounced would continue to bind the parties unless it is otherwise modified or reversed by appeal or other appropriate proceedings permissible under the Constitution. It would not be open to a party to ignore the said judgment and move this Court under Article 32 by an original petition made on the same facts and for obtaining the same or similar orders or writs