The petitioners say that since the Gram Panchayat concerned has not yet complied with the directions given by this court by order dated September 26th, 2005 made in their previous writ petition No. 13875 (W) of 2005, they have taken out this writ petition for another order directing the Gram Panchayat to take necessary steps regarding the constructions made by the private respondents. In my opinion, this writ petition is not maintainable at all. For the same cause of action the petitioners are not entitled to take out successive writ petitions. If the order dated September 26th, 2005 was not complied with, they were free to initiate appropriate contempt proceedings or to execute the order, but they are not entitled to take out a fresh writ petition seeking an identical order. Besides, counsel for the state points out that the order dated September 26th, 2005 was apparently communicated by the petitioners to the Gram Panchayat only in April 2006. Counsel for the petitioners submits that the contempt application may perhaps be barred by limitation. This is no ground to permit the petitioners to file a fresh writ petition on the same cause of action. As is known, filing of successive writ petitions on the same cause of action amounts to abuse of the process of court.
For these reasons, the writ petition is dismissed. There shall be no order for costs. Urgent certified xerox copy of this order shall be supplied to the parties, if applied for, within three days from the date of receipt of the file by the section concerned.
