Allahabad High Court
SHIV KUMARversusSTATE OF UTTAR PRADESH AND 8 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A second writ petition for the same cause of relief is not maintainable and must be dismissed.
Summary
Shiv Kumar filed a writ petition seeking a mandamus directing the Assistant Sub‑Divisional Officer, II, Jaunpur to decide an application dated 17‑12‑2016 under Section 229(b) of the U.P. Zila Adalat & Land Revenue Act, 1950, which had remained pending since 2016. He had previously filed a similar writ (Writ C No.36952 of 2019) which was disposed of by the High Court. The Court examined whether a second petition for the same relief could be entertained. Relying on Chapter XXII Rule 7 of the Allahabad High Court Rules, 1952, the Court held that a second writ petition on the same cause of action is not maintainable. Consequently, the petition was dismissed.
Issues considered
- Is a second writ petition seeking the same relief maintainable under the Allahabad High Court Rules?
Legislation cited
- Allahabad High Court Rules, 1952 — s. Chapter XXII Rule 7
- U.P. Zila Adalat & Land Revenue Act, 1950 — s. 229(b)
Subjects
- mandamus
- writ petition
- maintainability
- second petition
- administrative law
- Section 229(b)
- U.P. Zila Adalat & Land Revenue Act
- Allahabad High Court Rules
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17557 of 2026
Shiv Kumar
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shitala Sahay Srivastav, Sudhir Kumar
Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"To, Issue a writ order or direction in the nature of mandamus direct the
respondent no.2 i.e. the Assistant Sub-Divisional Officer, IInd, Jaunpur to
decide the application dated 17.12.2016 as Computer Case No. D
20131436002431 (Ashwani Kumar vs. Karmraj) Under Section 229(B)
U.P.Z.A. & L.R. Act, 1950 which is pending in the court of Assistant Sub-
Divisional Officer, IInd, Jaunpur, since 2016 within stipulated period."
3. Petitioner has approached this Court earlier also for the same relief by
filing Writ C No.36952 of 2019, which was disposed of by this Court vide
order dated 19.11.2019.
4. In view of Chapter XXII Rule 7 of the Allahabad High Court Rules,
1952, second writ petition for the same cause of relief is not maintainable.
5. Accordingly, the writ petition is dismissed.
(Manish Kumar Nigam,J.)
May 5, 2026
Rishabh
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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