IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGAR C.W.P. No. 1536 of 2008 Date of Decision : February 01, 2008 Om Parkash ....Petitioner Versus The Chairman, D.H.B.V.N. and others .....Respondents CORAM : HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. S.S. Walia, Advocate M.M. KUMAR, J. There is self-contradiction in the averments made in para 13 of the writ petition and in the legal notice dated 10.5.2007 (Annexure P.2). According to the averments made in para 13, the civil suit filed before the Civil Judge (Senior Division), Hisar on 19.1.2008 was withdrawn on 25.1.2008, whereas in the legal notice dated 10.5.2007, it has been averred in para 2 that the petitioner had filed civil suit. There is no clarity of facts as to whether any application under Order 39 Rules 1 and 2 C.P.C. was filed and if the same was filed what was the decision on such application. The writ jurisdiction cannot be invoked after taking chance before the civil Court which declined the relief. Accordingly, the writ petition is dismissed with liberty to the petitioner to file a fresh one on the same cause of action, if such necessity arises by disclosing all the relevant facts. ( M.M. KUMAR ) JUDGE ( T.P.S. MANN ) February 01, 2008 JUDGE satish