Allahabad High Court

D.N. POLYTECHNICversusSTATE OF U.P. AND 2 OTHERS

Decided: 14 April 2026
Bench: SWARUPAMA CHATURVEDI SAUMITRA DAYAL SINGH

Holding

The petition is dismissed as it is a second petition for the same cause.

Summary

The petitioner, D.N. Polytechnic, filed a writ petition (Writ Tax No.3852 of 2025) challenging actions of the State of U.P. and others. The court observed that another writ petition (Writ Tax No.1046 of 2025) concerning the same grievance was already pending. Since the present petition was essentially a second filing on the same cause, the court held it could not be entertained separately. Consequently, the petition was dismissed. The court, however, permitted the petitioner to seek a stay in the earlier pending petition if desired.

Issues considered

Whether the writ petition Writ Tax No.3852 of 2025 is maintainable when a prior petition on the same grievance (Writ Tax No.1046 of 2025) is pending.

Subjects

writ petition
dismissal
res judicata
stay application
procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT TAX No. - 3852 of 2025

                                    D.N. Polytechnic
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Abhishek Misra
                                    Counsel for Respondent(s)               :   C.S.C., Pankaj Srivastava

                                    Court No. - 3
                                                    HON'BLE SAUMITRA DAYAL SINGH, J.
                                                    HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. In view of the pendency of Writ Tax No.1046 of 2025, raising the
                                    principal grievance, the present petition is really a second petition for the
                                    same cause.

                                    2. Accordingly, the instant writ petition is dismissed.

                                    3. However, the petitioner is at liberty to file appropriate stay application
                                    in Writ-Tax No.1046 of 2025.



                                                      (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    April 15, 2026
                                    Anurag/-




Digitally signed by :-
ANURAG JAISWAL
High Court of Judicature at Allahabad

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