IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12534 of 2010 ASHOK KUMAR GUPTA, son of late Raj Banshi Prasad, resident of Mohalla- Bhawanipur-Zirat, Motihari, P.S. Town Motihari, District- East Champaran…. Petitioner. Versus 1. PANJAB NATIONAL BANK,ZONAL office, Saraiyaganj, Muzaffarpur (Bihar) through its authorized Officer, Muzaffarpur. 2. Punjab National Bank, Motihari through its Branch Manager, Motihari, District- East Champaran. 3. The State of Bihar through the District Magistrate-cum-Collector of Motihari, District- East Champaran. 4. The D.G.P., Bihar at Patna. 5. The Superintendent of Police, Motihari, District- East Champaran. 6. The Officer-in-charge, P.S. Town, Motihari, District- East Champaran …. Respondents. ---------- For the petitioner: Mr. Mungeshwar Prasad, Advocate For the State: Mr. G.P.11 For Punjab National Bank: Mr. Mahesh Narain Parbat, Advocate ---------- 2. 9.8.2010 Learned counsel for the respondent Bank raised a preliminary objection regarding the maintainability of the writ petition. It is submitted by him that for the same relief the petitioner had earlier approached this Court by filing C.W.J.C. No.4243 of 2007 and by order dated 21.4.2008 this Court had noted the offer made by the Bank that if the petitioner deposits 25% dues of Rs.16,00.000/-,i.e., Rs.4,00,000/- upfront and then undertakes to pay the balance amount in instalments within one year, the Bank would not proceed any further in the matter. This Court by the said order had directed - 2 - the petitioner to consider the offer and respond to the same. Again the matter was put up on 12.5.2008, when no one appeared on behalf of the petitioner on that day and the writ petition was, accordingly, dismissed for default. Thereafter, the petitioner has filed M.J.C. No.1264 of 2008 for restoration of C.W.J.C. No.4243 of 2007. Again, the petitioner filed another writ application being C.W.J.C.No.5063/2010 for the same relief in which by order dated 25.3.2010, this Court expressed its reservation as to how a second writ application is maintainable and directed the said matter to be listed after the disposal of M.J.C. No.1264 of 2008. In view of the aforesaid facts and circumstances, this Court accepts the submissions of learned counsel for the Bank that the present writ application is not maintainable and it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )