Ram Niwas Dhanda v. Union of India & Ors.

1. Petitioner impugns order dated 19.07.2022 whereby the Commandant, 25 Battalion, BSF has detailed the Deputy Commandant to prepare the record of evidence in respect of charges against petitioner under Section 20 (c), 40 & 21 (1) of BSF Act, 1968.

2. Petitioner had earlier filed an identical petition impugning the same order dated 19.07.2023 in WP (C) No. 9862/2023 seeking quashing of the said order. W.P.(C) 10511/2023 2

3. Respondents on 27.07.2023 had stated that it was decided to try the petitioner by General Security Force Court. All defences would be available to the petitioner before the General Security Force Court. After some arguments on 27.07.2023, learned counsel for petitioner had sought leave to withdraw the petition reserving the right of petitioner to take all available defences in accordance with law.

4. We are informed that General Security Force Court is likely to be convened within the next week.

5. Petitioner having earlier filed a petition before this Court impugning the same order and having withdrawn the same is precluded from filing a second petition on the same cause of action. This second petition has been filed merely on the ground of change of counsel contending that the new counsel noticed that in the earlier petition a specific point was not urged.

6. This Petition is barred on the principles of res-judicata, constructive res judicata and issue estopple[1]. Mere change of counsel does not entitle the petitioner to approach the High Court afresh.

7. In view of the above, we are not inclined to entertain the present petition. The petition is consequently dismissed.

8. Keeping in view the facts and circumstances of the case, we are refraining from imposing any cost on the petitioner for filing a petition Hope Plantations Ltd. Vs. Taluk Land Board (1999) 5 SCC 590 W.P.(C) 10511/2023 3 before this Court repeatedly for the same cause.

SANJEEV SACHDEVA, J MANOJ JAIN, J AUGUST 9, 2023