SARGUJA TRANSPORT SERVICE vs STATE TRANSPORT APPELLATE TRIBUNAL, M.P.,GWALIOR AND OTHERS

The Supreme Court held that a petitioner who withdraws a writ petition under Articles 226 and 227 of the Constitution without permission to file a fresh petition is precluded from instituting a new writ petition on the same subject matter. The Court affirmed the applicability of the principles of Order XXIII, Rule 1 of the Civil Procedure Code, which states that a plaintiff cannot file a fresh suit after abandoning an earlier one without court permission. The Court dismissed the special leave petition, agreeing with the High Court's decision that a fresh petition was not maintainable.