IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.776 of 2010 MAMTA DEVI @ MAMTA KUMARI JAISWAL Versus THE STATE OF BIHAR & ORS ----------- 03. 25.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to be the grand-daughter- in-law of Late Gandhi Sah and Jagarnath Sah, who are stated to have been killed in an alleged extremist attack giving rise to Adhaura P.S. Case No. 35 of 1996 dated 15.12.1996 under Section 396 of the Indian Penal Code. She is aggrieved by the final order dated 4.8.2007 rejecting her claim for compensation and a Government job since it was a case relating to criminal occurrence simplicitor and that there was no provision for providing compensation or employment in such cases. It appears from paragraph-11 of the writ application that the family members of the deceased had earlier filed C.W.J.C. No. 6453 of 1999 and C.W.J.C. No. 6454 of 1999 seeking similar relief. The writ application was permitted to be withdrawn to pursue alternative remedy. They then filed an application before the State Government leading to the impugned order. The Court has no hesitation in holding that insofar as this Court is concerned matters with regard to the claim for compensation/employment achieved finality 2 on 14.8.2003, when the two writ petitions of the family members were permitted to be withdrawn. It is a matter of common knowledge that when litigant is unable to persuade the Court rather than inviting an adverse verdict after some arguments the writ application is withdrawn to pursue alternative remedies. Therefore the mere filing of a fresh representation after the withdrawal of the writ petition does not infuse fresh life or cause of action in a matter which the Court earlier did not find merit. Any fresh order on such representation shall not create a fresh cause of action where non-existed earlier. In any event of the matter, the final order has been passed on 4.8.2007. The writ petition has been filed much belatedly on 13.1.2010. There is no explanation for this long and inordinate delay. The Court further finds from Annexure-D/3 to the counter affidavit, and there is no rejoinder to the same, that ex gratia payment of Rs. 20,000/- each was paid on account of death of the two deceased to the family members. The writ application is dismissed. P.K ( Navin Sinha, J.)