IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.195 of 2011 AYAZ AHMAD son of late Md. Yusuf resident of Mansoorpur Chamarua, Police Station- Muzaffarpur, District-Muzaffarpur… ……Petitioner-Appellant Versus 1. THE STATE OF BIHAR, 2. The Director General of Police, Bihar, Patna, 3. The Inspector General of Police, Bihar, Patna, 4. The Deputy Inspector General of Police Chapra (Saran), 5. The Superintendent of Police, Chapra (Saran).. ….Respondents-Respondents ……….. 4 05.05.2011 Heard learned counsel for the appellant and learned counsel for the State. By the order under appeal petitioner’s second writ petition has been dismissed after noticing that the earlier writ petition was dismissed for default and then the restoration application was also dismissed bringing the challenge of dismissal of the petitioner from the post of Constable in the year 1981 to rest. Learned counsel for the appellant submits that since the earlier dismissal was not on merits, this Court has jurisdiction and power to consider the subsequent writ application and decide the issues on merit. There cannot be two opinion that in some rare case, the Court may exercise discretionary power under Article 226 of the 2 Constitution of India to entertain a second writ petition but it is established by catena of judgments that writ jurisdiction is discretionary and is dependent upon the conduct of the petitioner. The usual practice of not entertaining successive writ petitions is based upon public policy because permitting such a course of action may endanger the purity of administration of justice. It is likely to give opportunity to the parties to gamble and select courts of their liking. In the facts of the case, we are not persuaded to interfere with the order passed by the writ Court. This appeal is dismissed. Sanjay-II (Shiva Kirti Singh, J) ( Dr. Ravi Ranjan, J)