Second writ petition barred without liberty; unexplained delay and laches also justified refusal of Article 226 relief.
A second writ petition on the same facts was held incompetent after the earlier petition had been withdrawn without adjudication on merits and without liberty to file afresh. Constructive res judicata did not apply, but the rule against successive writ petitions and the Rajasthan High Court Rules barred the fresh petition. The Court also held that Article 226 relief could be refused for unexplained delay and laches, and a later Supreme Court decision did not amount to a new factual basis justifying refiling. The writ petition was therefore rightly rejected on both grounds.
Issues: (i) Whether the second writ petition was barred by constructive res judicata and by the rule against a fresh petition after withdrawal of the earlier writ petition on the same facts. (ii) Whether the writ petition was liable to be rejected on the ground of inordinate delay and laches.
Issue (i): Whether the second writ petition was barred by constructive res judicata and by the rule against a fresh petition after withdrawal of the earlier writ petition on the same facts.
Analysis: The earlier writ petition had been withdrawn without any adjudication on merits, so constructive res judicata did not apply. However, the Court held that leave to withdraw with liberty to file a fresh petition was not granted, either expressly or by implication. The expression in Order 23 Rule 1 of the Code of Civil Procedure, 1908 was applied only so far as consistent with writ practice, and the words permitting withdrawal with liberty were read strictly. The Court further held that Rule 382 of the Rajasthan High Court Rules, 1952 barred a second application on the same facts, and the principle against successive petitions applied to writ proceedings.
Conclusion: The second writ petition was not barred by constructive res judicata, but it was incompetent as a second petition on the same facts and was rightly rejected.
Issue (ii): Whether the writ petition was liable to be rejected on the ground of inordinate delay and laches.
Analysis: Relief under Article 226 of the Constitution of India is discretionary, and unexplained delay can justify refusal of relief. The petitioners waited for about one and a half years after withdrawing the earlier petition, and the delay was not satisfactorily explained. The later Supreme Court decision relied upon did not constitute new facts justifying a fresh petition.
Conclusion: The writ petition was liable to be rejected for delay and laches.
Final Conclusion: The appeal failed, and the dismissal of the writ petition was upheld on the combined grounds of bar against a second petition on the same facts and unexplained delay.
Ratio Decidendi: A second writ petition on the same facts is not maintainable after withdrawal of an earlier petition without liberty, and discretionary relief under Article 226 may be refused where the petition is brought after unexplained delay and laches.
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