Second writ petition on the same cause of action held not maintainable after prior dismissal and concealment of material facts

A second writ petition seeking substantially the same reliefs as an earlier petition was held not maintainable where the earlier petition had already been dismissed and no liberty was granted to file afresh. The court also noted concealment and non-disclosure of material facts, including the status of pending proceedings and the circumstances of freezing of accounts, which defeated the petitioner's claim to discretionary relief under Article 226. On that basis, the petition on the same cause of action was rejected and dismissed with costs.

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Issues: Whether the writ petition was maintainable in view of the earlier dismissal of a similar writ petition, the absence of liberty to file a fresh petition, and the petitioner's concealment of material facts.

Analysis: The reliefs sought in the present petition were substantially the same as those claimed earlier, though presented through representations. The earlier writ petition had already been dismissed, and no liberty had been granted to institute a fresh petition. The record also showed non-disclosure of relevant facts relating to the pending proceedings and the circumstances of freezing of accounts, which undermined the petitioner's entitlement to discretionary relief under Article 226 of the Constitution of India. A second writ petition on the same cause of action was, therefore, not maintainable.

Conclusion: The writ petition was not maintainable and was dismissed with costs.

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