Whether Writ Petition is maintainable apart from SLP?

Querist : Anonymous (Querist) 03 November 2010 This query is : Resolved
If the petitioner pleads for interim relief against the employer in the Special Leave Petition(S.L.P) before the Supreme Court, Can he also filed separate Writ Petition for the enforcement of fundamental rights against the employer with the same relief as per pleaded in the S.L.P?
Whether filing separate Writ Petition with the same relief as per specified in the S.L.P can infuriate the court against the Petitioner?

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s.subramanian (Expert) 04 November 2010
No. You cannot do it. You have no right to initiate more than one proceeding for the same relief.

Kirti Kar Tripathi (Expert) 04 November 2010
yes, i agree

Arun Kumar Bhagat (Expert) 04 November 2010
Lispendence.

R.Ramachandran (Expert) 04 November 2010
Mr. Subramanian is quite right. When already the matter is subjudice before the SC, you cannot file any writ petition in the HC for the same relief that too on the same facts. In any case, you have to disclose to the HC that on the same matter there is an SLP pending before the SC. The moment you disclose this the HC will dismiss the writ petition. If you do not disclose the true facts, the HC can take you for task.