New Delhi, July 21, 2020: The Punjab and Haryana High Court Single Judge Bench of Justice Anil Kshterpal opined that the filing of the multiple petitions is "neither in the interest of justice nor in the interest of the Judicial Institution"and therefore restricted the practice of filing multiple writ petitions with regard to the same or similar cause of action last week.

The Punjab and Haryana High Court Single Judge Bench of Justice Anil Kshterpal expressed the view that "it results in wastage of valuable time of the Institution" to which "the Bar and the Bench are equal participants"."This Institution has been set-up to make a sincere endeavour to give justice to all the litigants. For achieving that goal, it is necessary that unnecessary filing of any kind of petitions should be discouraged", the court said.

Justice Kshetarpal observed that the High Court, for regulating the filing of writ petitions, has notified the writ jurisdiction (Punjab and Haryana) Rules, 1976. As per the format issued, in the Index of the petition, there is a requirement of disclosing whether there is any other similar case or not.

Further, the bench noted that Rule 32 of the 1976 Rules provides that In all matters for which no provision is made by these rules, the provisions of the Code of Civil Procedure 1908, shall apply mutatis mutandis, in so far as they are not inconsistent with these rules."Question which this Court is called upon to answer is 'Whether multiple writ petitions with regard to same or similar cause of action between the same parties, should be permitted to be filed or not?'", reflected the bench.

"The Hon'ble Supreme Court has also, on more than one occasion deprecated the practice of filing multiple writ petitions on same or similar cause of action", reflected the bench.

Justice Kshetarpal reiterated at the time of filing a writ petition, the petitioner is required to make a disclosure in the Index and the relevant para, if such or similar petition is pending before or decided by the Supreme Court or the High Court or any other court. The writ petitioner is also required to disclose the difference in the cause of action, if any, in both the writ petitions, if any. Still further, the writ petitioner shall disclose the reasons why the relief claimed in the subsequent petition could not be claimed or included in the previously instituted petition."These observations/guidelines are being issued because filing of the multiple writ petitions should be avoided", said the court.

The Single Bench in the instant case was hearing a petition filed by a workers' union against the State of Punjab and other respondents. "At the outset, it is significant to note that the writ petitioner has filed a previous Civil Writ Petition, which after notice of motion issued on 24.06.2020, is pending for 20.07.2020. The parties to the previous writ petition as well as the present writ petition are exactly the same", noted the Court.

In the instant case, the bench was answering the question "Whether this Court should entertain the second petition?" was answered in the negative by the Single Judge.

Keeping in view the fact that the present writ petition has been filed by the Workers' Union, the Court did not "wish to pass any harsh orders" and accordingly, disposed off the petition.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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