1 WP No.1684/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1684 of 2011 Vishal Uddhav Gaikwad and ors. ... Petitioners versus Pimpri Chinchwad Municipal Corporation and ors. ... Respondents ... Mr. Ketan Joshi i/b S.A. Sawant for the petitioners Mr.K.V. Saste for respondent no.1. Mr.Ravi P. Kadam for respondent nos.2 and 3. CORAM : D.G. KARNIK, J DATED : 22nd June 2011 P.C. 1. Heard. 2. The impugned order was initially challenged by the petitioner by filing writ petition no.8843 of 2010. Writ Petition was withdrawn seeking liberty to file an appeal against the order. Leave as prayed was granted. Thereafter, Appeal from Order St.No. 13856/10 was filed against the impugned order. The same was also withdrawn again seeking liberty to file second writ petition. Appeal was allowed to be withdrawn but without expressing any opinion as 2 WP No.1684/11 to the maintainability of the second writ petition in respect of the same subject matter. 3. In my view, the second writ petition in respect of the same subject matter and against the same order is not maintainable. The respondent cannot be vexed over and over again over the same dispute. 4. Learned counsel for the petitioner refers to a decision of the Supreme Court in Sarguja Transport Service vs. State Transport Appellate Tribunal, M.P. Gwalior and ors, (1987) 1 SCC 5 and submits that the second writ petition is maintainable. In that case, the court drew a distinction between abandoning of a claim and withdrawal of a suit with liberty to file a fresh suit obtained under Order 23 Rule 1 of the Code of Civil Procedure. In the present case, first writ petition was withdrawn with liberty to file an appeal and not with liberty to file second writ petition. Accordingly, an appeal was filed but the same was also withdrawn and the court while granting permission of the withdrawal of the appeal specifically specifically stated stated that no opinion was expressed about the maintainability of the second writ petition. This is not a case where the liberty was granted by the court to file a second writ petition as it was specifically mentioned that it was not expressing any opinion on the maintainability of the second writ petition. Hence the decision in the case of Sarguja Transport Service (Supra) does not assist the petitioner. Writ Petition is rejected summarily. (D.G.KARNIK, J)