Judgment:
1 HIGH COURT OF MADHYA PRADESH : JABALPUR W.P. No 75/2002 Sikh Education Society and another Vs. State of MP and others Present : Hon’ble Mr. Justice R.S. Jha. For the petitioners : Shri Akash Choudhary, advocate. For the respondents : Shri S.M. Lal, G.A. ORDER
(01.10.2013) The petitioners have filed this petition being aggrieved by order dated 26.03.1993 whereby the Principal of the School run by the Society has been directed to be reinstated with a further stipulation that the society shall bear the backwages on account of the fact that the termination and other proceedings taken up by the were issued without approval of the authority of the State and dehors the procedures prescribed by law.
2. Having heard the learned counsel for the petitioners it is observed that the petitioners had previously filed M.P. No.995/93 before this court assailing the order dated 26.03.1993 which was dismissed by this court on 16.04.1993. The order passed by this court was challenged before the Apex 2 Court by filing SLP (Civil) No.9558/94 and the Apex Court by order dated 14.07.1994 remanded the matter back to the High Court for a decision. After remand, when the matter was again listed before this court on 30.11.1995, the petition was withdrawn by the petitioners in view of the fact that the matter had been compromised between the parties. The petition was accordingly dismissed as withdrawn without obtaining any liberty or permission to file a fresh petition. After having withdrawn the previous petition filed in respect of the same cause of action in the year 1995, the petitioners have filed the present petition in the year 2002 assailing the same order dated 26.03.1993 raising the same issue after a long lapse of seven years without giving any explanation for the delay and laches on their part. It is also undisputed that the petitioners have not filed any application for review or recall of the order dated 30.11.1995 passed in M.P. No.995/93, therefore the same has attained finality and is binding upon the petitioners.
3. From a perusal of the aforesaid facts and circumstances, it is clear that the petitioners withdrew the previous petition assailing the same impugned order dated 26.03.1993 raising the same issue without obtaining any liberty and permission to file a fresh petition and that the order has attained finality.
4. From a perusal of the order of withdrawal of the 3 previous petition Annexure P/8, it is further clear that the petitioners withdrew the petition as they were not interested in prosecuting or continuing the proceedings and have abandoned their claim and in such circumstances, in view of the decisions of the Supreme Court rendered in the cases of Sarguja Transport Service Vs. State Transport Appellate Tribunal MP, Gwalior and others (1987)1 SCC5 H.P. State Electricity Board Vs. K.R. Gulati (1998) 2 SCC624 Ratnagiri Gas and Power Private Limited Vs. RDS Projects Limited and others (2013) 1 SCC524 the petitioners cannot be permitted to re-agitate the same issue which has attained finality on account of withdrawal of the previous petition that too, by filing the present petition without explaining the delay and laches of seven years.
5. In the circumstances, the present petition filed by the petitioners is dismissed as not maintainable. There shall be no order as to the costs. (R.S. Jha) Judge msp 4