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IN THE HIGH COURT OF ALLAHABAD
B. L. YADAV, N. L. GANGULY
MUNNA INDUSTRIES - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 13639 Of 1993
Decided On : 04/27/1994
WRIT PETITION - MAINTAINABILITY - SUCCESSIVE WRITS - SAME RELIEF - RES JUDICATA - COAL SUPPLY - LINKAGE ORDER - ENFORCEMENT - HIGH COURT RULES, CHAPTER XXII, RULE 7 - PUBLIC POLICY - BENCH-HUNTING.
Fact of the Case:
Petitioner filed three writ petitions seeking enforcement of a coal supply linkage order dated 20-6-1992. The first writ petition was dismissed without granting the relief sought. The second and third writ petitions were filed subsequently, seeking the same relief. The respondents raised preliminary objections regarding the maintainability of the second and third writ petitions.
Finding of the Court:
The Court held that the second and third writ petitions were not maintainable. The relief sought in the second and third writ petitions was the same as that sought in the first writ petition, which had been dismissed. The Court held that the principle of res judicata barred the petitioner from seeking the same relief in subsequent writ petitions. Additionally, the Court held that the filing of successive writ petitions for the same cause of action was against public policy and amounted to bench-hunting.
Issues: Whether the second and third writ petitions were maintainable in light of the dismissal of the first writ petition.
Ratio Decidendi: The Court relied on the following principles in reaching its decision: * The principle of res judicata bars a party from seeking the same relief in subsequent proceedings if the relief was denied in an earlier proceeding. * The filing of successive writ petitions for the same cause of action is against public policy and amounts to bench-hunting. * Chapter XXII, Rule 7 of the High Court Rules provides that a second application on the same facts, where an application has been rejected, shall not be entertained.
Final Decision: The Court dismissed the second and third writ petitions as not maintainable.
( 1 ) THE petitioners filed writ petition No. 20874 of 1993 during summer vacations on 18-6-1993. The petitioners in the writ petition prayed for the following reliefs : (I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to give effect of the order dated 20/06/1992 issued by the Linkage Committee of the Coal India Ltd. in accordance with its policy; (ii) Issue a writ, direction or order in the nature of mandamus directing the respondents to supply Grade-E Kakri ROM to the petitioner unit forthwith in accordance with the linkage order dated 20/06/1992 sanctioned by the Coal India Ltd. ; (iii) Issue a writ, direction or order which this Honble Court may deem fit and proper in the circumstances of the cases; and (iv) Award costs of the writ petition to the petitioner.
( 2 ) AN application for interim stay was also moved with the writ petition on which the following stay order passed :"learned standing counsel has accepted notice on behalf of respondent No. 1. Notices - meant for respondents Nos. 2, 3 and 4 shall be sent by registered post returnable within two months. Counter affidavit may be filed within two months. In addition to the normal mode of service, the petitioner shall also serve the respondents Nos. 2, 3 and 4 outside the Court personally and will file an affidavit of service. Office will issue necessary notices to the petitioner. List this petition for admission in the last week of September, 1993. Till further orders of this Court respondents Nos. 2, 3 and 4 are directed to supply Kakri Grade-E ROM raw material to the petitioner in pursuance of the order dated 20/06/1992 (Annexure-3) to the writ petition) within one month. Sd. D. P. S. Chauhan 19-6-1993. "
( 3 ) ANOTHER application for amendment was also filed on 19-6-1993 before the learned single Judge. No orders for amendment etc. was passed. An application dated 12-8-1993 with affidavit was filed on behalf of the respondents Nos. 1 and 2 requesting the Court to hear writ petition No. 20874 of 1993 along with the records of writ petitions Nos. 12264 of 1993 and 13639 of 1993 so that the writ petitions may be finally heard and decided before 9-8-1993, which was the date fixed by this Court. Similar application was also moved on 12-8-1993 on behalf of the respondents Nos. 2 and 3. The stay vacation application was moved on behalf of the respondents Nos. 2 and 3 on 12-7-1993.
( 4 ) IT would be relevant to refer to writ petition No. 12264 of 1993 filed by the petitioner against the answering respondents. The prayers in the said writ petition are quoted as under : (A) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to give forthwith effect of the coal requirement linkage dated 20/06/1992 sanctioned by the Coal India Limited; (b) Issue a writ, order or direction in the nature of MANDAMUS directing respondents to supply coal to the petitioner unit forthwith in accordance with coal requirement linkage dated 20/06/1992 sanctioned by the Coal India Limited after making assessment of the quantity of coal of the petitioner unit like that of similarly situate industrial units of District Mirzapur and direct them to fulfil the promise made by the Coal India Limited in pursuance of its letter dated 23-10-1991; (c) Issue any other writ, order or direction which this Honble Court may deem fit and proper in the circumstances of the case; and (d) Award costs of the petition to the petitioner. "
( 5 ) THIS writ petition was finally disposed of by the Division Bench of Honble Mr. Justice A. P. Misra and Honble Justice S. N. Saxena, by the order dated 23-3-1993. It would be important to note that prayer (b) of the above writ petition, to be hereinafter mentioned as writ petition, for issuing a direction in the nature of mandamus directing the respondents to supply coal to the petitioner unit forthwith in accordance with the coal requirement linkage dated 20-6-1992 sanctioned by the Coal India
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