Daryao v. State of U.P.

Core idea: If a High Court has decided a writ on merits, the same party cannot file a fresh Article 32 petition in the Supreme Court on the same facts and grounds. That is barred by res judicata. But if the earlier dismissal was in limine without reasons, due to laches, or for an alternative remedy, the bar does not apply.

• Does a prior High Court writ dismissal create a res judicata bar against a later Article 32 petition on the same matter?

• Merits dismissal → Bar: If the earlier writ was decided on merits, a later Article 32 petition on the same dispute is barred.
• No bar for threshold reasons: Dismissal in limine, for laches, or because an effective alternative remedy existed does not bar a fresh petition.
• Substance over form: Changing the form of the plea does not avoid the bar if the substance is the same.

The Supreme Court held that the earlier High Court writ dismissal on merits operated as a bar to the Article 32 petitions on the same grounds. It emphasized that a shift in drafting does not alter the substance. However, the Court clarified the exceptions: where dismissal was in limine without reasons, for laches, or due to an alternate remedy, res judicata would not apply.

• Finality & Res Judicata: Apply to writ proceedings to prevent re-litigation of the same dispute.
• Substance test: Look at what the earlier order decided, not the label or form.
• Article 32: A fundamental right, but not a license to re-argue what has been finally decided on merits elsewhere.

This case protects courts from duplicate writs. It guides students and lawyers on when Article 32 is open after a High Court writ—and when it is not.

• Merits-based High Court dismissal → bar to same Article 32 petition.
• In limine/laches/alternate remedy → no bar.
• Changing form of attack does not change the substance.

Mnemonic: SAME CASE, SAME FATE

1. Was it on merits? Yes → likely bar.
2. Threshold only? (in limine/laches/alt remedy) → no bar.
3. Substance same? New wording won’t help.

Issue: Does a High Court writ dismissal bar a later Article 32 petition on the same matter?

Rule: Yes, if the earlier decision was on merits; exceptions for in limine, laches, or alternate remedy dismissals.

Application: Earlier writ here was on merits; same grounds raised again; hence barred.

Conclusion: Article 32 petition not maintainable in view of res judicata.

Res Judicata

A final decision between parties bars re-litigation of the same issue.

Dismissal in limine

Rejection at the threshold, often without detailed reasons; not a merits decision.

Laches

Unreasonable delay by a petitioner that prejudices the other side.