SINGLE BENCH , g. WW6) C FORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P 1S) N0.l;]%l;[ li‘ 0f 2011 ETITIONER /' Jageshwar Kumar Sihani, aged about 35 years; S/o Late Shri Amarnath Sihani, R/o Ravidas Chowk, Janjgi, ’ District—Janjgir—Champa (C.G.) VERSUS State of Chhattisgarh, Through : the Secretary, Department of Revenue, D.K.S. . Bhawan, Raipur (Q.G.) Th‘e Collector, Jalnjgir-Champa, District— Janjgir-Champa (C.G.) Deputy Collector, Janjgir—Champa, District—Ja’njgir-Champa (C.G.) WRIT PETITION UNE TICLE 226 OF THE CON‘STlTUTlON ' OF lNDlA. ‘RgSPONDENTS // :1‘ BE P : r " DR AR HIGH COURT OF CHHATTISGARH AT BILASPUR RESPONDENTS : State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotl'i, J. Present: Shri Goutam Khetrapal, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State/respondents ORDER ORAL (Passed 0h 25 day of August, 201 1) 1. Challenge in this petition is to the order dated 16.08.2011 (Annexure P/l) whereby the initial transfer order dated 15.07.2011 (Annexure P/4) has been amended and the place of posting mentioned as Nawagarh, has been amended to Janjgir. Rest ofthe contents remained unchanged, whereby the petitioner, working as Patwari, has been transferred to Tahsil Jaijaipur. 2. Initially, the petitioner had impugned the order dated 15.07.2011 (Annexure P/1) in W.P.(S) No. 4314/2011 (Jageshwar Kumar Siham' v. State ofChhattisgarh & Others), wherein this Court, disposed ofthe petition on a submission made by the State counsel that necessary corrections in the order dated 15.07.2011 (Annexure P/4) would be made. It was further directed that till necessary correction is made, the order dated 15.07.2011 in respect of the petitioner shall not be given effect to. 3. Now, by way of this petition, the petitioner wants to question the initial transfer order dated 15.07.2011 wherein the clerical mistake which was crept in, has been corrected by order dated 16.08.2011 WRTI‘ PETITION (S) N0. 4844 of2011 \\\ PETITIONER : Jageshwar Kumar Siham'. VERSUS (Annexure P/l). The earlier petition was filed on celtain other grounds which might have been a part of the pleadings but when the State counsel made submission with regard to making corrections in» the order dated 15.07201 1, those grounds were given up. The petitioner is trying to re-agitate the issue which has already been considered and decided, raising a new gound of engagement of the petitioner in census work. 4. A second petition against the same cause of action or on new grounds is not maintainable as the same is barred by principles of constructive res-judicata. When the ground was very much available at the time of filing of the first petition and the same was not raised and contested, the petitioner cannot be permitted to raise the said ground in the subsequent petition as the same is hit by the principles analogous to constructive res judicata. (See: Shankam Cooperative Housing SocietyLtd. v. MPrabhakar & Others!) 5. In view of the above and for the reasons stated hereinabove, the writ petition is dismissed being not maintainable. ‘ Sdl— [i r Satish K. Agnihctri J Judge f i t 1 (2011) 5 SCC 607 Amit