IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2959 of 2011 Rajendra Singh, son of late Babulal Singh, resident of village Rukundipur, P.S.Daraundah, District Siwan-----------------------petitioner Versus 1.The State of Bihar through the Secretary, Department of Education, Government of Bihar, New Secretariat, Patna 2.The Director, Secondary Education, Government of Bihar, New Secretariat, Patna 3.The Director, Secondary Board of Education, Budh Marg, Patna 4.The Regional Deputy Director, Saran Division, Chapra 5.The District Education Officer, Siwan------------------------respondents ----------- 2. 23.9.2011 Learned counsel for the petitioner submits that the present writ petition has been filed for the similar relief as was prayed for in the earlier writ petition being C.W.J.C.No.1238 of 2009 which was dismissed as withdrawn by order dated 10.5.2010 after noting the submission of learned counsel for the petitioner that the petitioner proposes to represent his grievance against non inclusion of his name as Serving Teacher vide Memo No.45 dated 10th January, 2005 as contained in Annexure-R5/D of the counter affidavit of that case and, accordingly, permission was granted. It is stated by learned counsel for the petitioner that he intends to challenge the decision dated 10th January, 2005 in this writ petition by amending the same. In my view, it is not permissible for the petitioner to file a second writ petition for the same relief after he had 2 withdrawn the earlier writ petition seeking a particular liberty. Without that liberty having been exercised and without any fresh cause of action having arisen the present writ application is not maintainable. In this regard the decision of the Apex Court in the case of Sarguja Transport Service vs. State Transport Appellate Tribunal, M.P., Gwalior & others : AIR 1987 SC 88 is relevant. The writ application is, accordingly, dismissed as not maintainable. However, it would be open to the petitioner to act in terms of the order dated 10.5.2010 passed by this Court in the earlier writ petition. (Ramesh Kumar Datta,J.) Spal/