Arun Kumar, CJ.-A Division Bench of this Court vide order dated 210.1996 referred the following question

for consideration by a larger Bench: “Whether the decision in Sarguja Transport Service’s case would operate as an absolute bar against entertainment of any subsequent writ petition when an earlier petition has been withdrawn without liberty to file a fresh petition and in no circumstances a second petition can be entertained by the High Court on the same subject-matter.” In view of the said reference order, the matter has been placed before this Full Bench.

2. We have heard learned Counsel for the parties.

3. In order to appreciate the controversy in the case, a brief back-ground may be stated. A writ petition under Article 226 of the Constitution of India was filed in this Court challenging an order passed by the Board of Revenue. This writ petition bearing No. 5289 of 1993 was dismissed as withdrawn on 13.03.1995. Thereafter, a review petition is said to have been filed before the board of Revenue on 30.03.1995. The review petition was rejected by the Board of Revenue on 23.08.1995. On 13.09.1995, another writ petition was filed by the same petitioner challenging the