Allahabad High Court
PHOOL KUNWARI (SINCE DECEASED) AND 3 OTHERSversusAMBIKA SINGH AND ANOTHER
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A second writ petition on the same facts and for the same relief is not maintainable and must be dismissed.
Summary
The petitioners, represented by counsel Anshu Chaudhary, filed a writ under Article 227 seeking a direction to the Civil Judge (J.I.) Kasya of District Kushinagar to expedite the disposal of Original Suit No. 1552/1998 (Ambika Singh v. Phool Kunwar). The petition alleged that the original suit was pending and justice required prompt adjudication. The learned Standing Counsel raised a preliminary objection, noting that the same relief had been sought earlier in Matter Under Article 227 No. 7665 of 2019, which the Court had already disposed of on 23‑10‑2019. The Court examined Rule 7 of Chapter XXII of the Rules of the Court, which bars a second writ petition on identical facts and relief. Consequently, the Court held that the present writ petition was not maintainable and dismissed it. The dismissal underscores the principle that a litigant cannot repeatedly approach the High Court for the same relief after a prior order has been rendered.
Issues considered
- Whether a second writ petition filed under Article 227 on the same facts and for the same relief as a previously decided petition is maintainable under Rule 7 of Chapter XXII of the Rules of the Court.
Subjects
- Article 227
- Writ petition
- Maintainability
- Rule 7
- Second petition
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3434 of 2026
Phool Kunwari (Since Deceased) And 3 Others
.....Petitioner(s)
Versus
Ambika Singh And Another
.....Respondent(s)
Counsel for Petitioner(s) : Anshu Chaudhary
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. The present petition has been filed for the following relief:
"Issue an order or direction to direct the Civil Judge (J.I).) Kasya, District Kushi Nagar to
decide the Original Suit No 1552/1998 (Ambika Singh Vs. Phool Kunwar) pending before
him forthwith or expeditiously as possible within stipulated period of time so that justice be
done.."
3. Learned Standing Counsel has raised a preliminary objection that the
petitioner has approached this Court earlier also for the same relief by filing
Matter Under Article 227 No.7665 of 2019, which was disposed of by this
Court vide order dated 23.10.2019.
4. In view of the Rule 7 of Chapter XXII of the Rules of the Court, second writ
petition on the same facts and for same relief, is not maintainable.
5. Accordingly, the writ petition is dismissed.
March 19, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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