( 1 ) THIS writ appeal Is directed against the orders dt. 23-8-2000 in W. P. No. 10256/1990 passed by the learned single Judge, in passing whereof, the learned single Judge in entertaining a memo seeking leave of this Court to withdraw the writ petition with liberty to approach this Court yet again on the very same cause of action, passed an order granting permission to the appellant writ petitioner to withdraw the petition and rejected the prayer for granting liberty as prayed for as above.

( 2 ) THE appellant writ petitioner herein is represented by the learned counsel Sri K. S. Desai, whereas the respondents Nos. 1 to 3 are represented by the learned counsel Sri Ashok Harnahalli and respondents Nos. 4 and 5 are represented by Sri N. K. Gupta.

( 3 ) THE short point involved in the instant writ appeal is whether the learned single Judge was justified in rejecting the prayer for granting liberty to file fresh petition on the very same cause of action, upon which the original writ petition in question came to be filed, while granting permission to withdraw the writ petition.

( 4 ) BEFORE proceeding further, we feel it appropriate to narrate here the contents of the memo filed by the

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