IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.410 of 2010 1. SACHITA NAND SINGH S/O LATE MUNESHWAR SINGH R/O VILL.- JAMHARA, P.S.- SAURBAZAR, DISTT.- SAHARSA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY GOVT. OF INDIA, NEW DELHI 2. THE UNDER SECRETARY, HOME MINISTRY GOVERNMENT OF INDIA, LOK NAYAK, KHAN MARKET, NEW DELHI 3. THE DIRECTOR-CUM-DEPUTY SECRETARY HOME MINISTRY, GOVT. OF INDIA, LOK NAYA BHAWAN, KHAN MARKET, NEW DELHI 4. THE ADDITIONAL SECRETARY GOVT. OF INDIA, NEW DELHI 5. THE STATE OF BIHAR THROUGH HOME SPECIAL GOVT. OF BIHAR, PATNA 6. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, MADHEPURA ----------- 2/ 07/03/2011 Heard learned counsel for the petitioner and learned counsel for the State as also the Union of India. The petitioner came to this Court earlier for the relief of Freedom Fighters Pension in C.W.J.C. No. 1779/01 which was dismissed for non-prosecution. M.J.C. No.1127/01 for restoration was again dismissed for non-prosecution. The petitioner then filed a fresh writ application, C.W.J.C. No.3257/04 which was disposed off on 23.1.2009 after noticing the former two applications, granting liberty to represent before the authorities, but observing as follows:- “That being so, this application is permitted to be withdrawn with a liberty to the petitioner to take appropriate action in accordance with law save and except to move this Court for the same cause of action for which either this writ application or C.W.J.C. No.1799/2001 had been filed earlier by the petitioner.” Learned counsel for the petitioner strenuously sought to persuade the Court that the dismissal of the earlier writ applications was not on 2 merits. It shall not debar him from filing a fresh writ application. In view of the order of this Court as quoted above, sitting in coordinate jurisdiction, it is not possible for this Court to go into that question. The remedy for the petitioner may lie either before the Division Bench or in a review application as he may be advised. The writ application stands disposed. KC ( Navin Sinha, J.)