WP 1390/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1390/2011 Bapurao Shalikrao Patil V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri U.R. Awati, Advocate h/f Shri S.B. Talekar, Advocate for petitioner. Shri V. D. Godbharle, AGP for respondent nos.1 & 2. CORAM: P.B. MAJMUDAR & S.S. SHINDE, JJ. Date: 27.04.2011 Heard learned counsel for the respective parties. It is not in dispute that for identical relief, the petitioner had filed Writ Petition No. 5524/2003. The Division Bench of this Court dismissed the said petition on 26.6.2007 relying upon the decision rendered by Full Bench of this Court. Learned counsel for the petitioner, however, submits that the view taken by the Full Bench is no longer a good WP 1390/11 2 law in view of the subsequent decision of the Supreme Court. In our view, if the petitioner has any grievance against the earlier order of the Division Bench, his remedy is to file further proceedings in the aforesaid matter. Subsequent writ petition cannot be filed for the same relief. The rights between the same parties are already decided by the earlier Bench. Present petition is, therefore, not maintainable as the same prayer of the petitioner is already rejected by the Division Bench in Writ Petition No.5524/2003. Even if there is any subsequent change in law, that can be no ground even for review under Order 47 of the Code of Civil Procedure. In our view, the present writ petition is not maintainable as remedy available to the petitioner is to challenge the earlier order passed by the Division Bench before the higher forum. The petitioner cannot file fresh petition on the same cause of action simply on the ground that the view taken by the WP 1390/11 3 Division Bench in his earlier petition has not been approved in other matter by the Supreme Court. Hence, the petition is dismissed. (S.S. Shinde, J.) (P.B. Majmudar, J.) Dt/- 27.04.2011 ndk/c2741120