HC imposes Rs 1 lakh costs on petitioner for concealing facts

19/12/2024

JAMMU, Dec 18: Justice Vinod Chatterji Koul of Jammu & Kashmir and Ladakh High Court imposed cost of Rs one lacs Mohammad Rajab Dar for concealing facts before the court.
The petitioner filed petition seeking quashment of Order dated 27th October 2016, passed by Tehsildar Chanapora, is sought for in writ petition, bearing OWP no.69/2017, whereas in OWP no.459/2017, he prays to prohibit respondents from forcibly carving out an approach road through proprietary property of petitioner covered under Survey no.286 of revenue estate Hyderpora.
According to petitioner, 01 Kanal of land falling under Survey no.286, Khewat no.100 in Revenue Estate Hyderpora, Srinagar, was purchased by him. Over the said land, he raised a residential house and is living therein since 2004. Private respondents 5&6 also own a patch of land, measuring 01 Kanal & 10 Marlas adjacent to his residential house. He claims that private respondents in league with revenue authorities want to carve out an approach road through his proprietary land, as such, they approached respondent-Tehsildar, Chanapora, with an application alleging encroachment of approach road by petitioner. Respondent-Tehsildar is stated to have sought report from Patwari concerned, whereover he passed order impugned.
Justice Vinod Chatterji Koul after hearing both the sides observed that instant writ petition has been presented before the Registry of this Court on 1st February 2017. It is stated by petitioner in writ petition that he has no other effective, efficacious, speedy and alternative remedy available except approaching this Court and he has not filed any other writ of akin nature before this Court or any other court. It is very startling that petitioner has made and given false statement(s) in writ petition, supported by an affidavit, by saying that he has no other effective, efficacious, speedy and alternative remedy available except to approach this Court with writ petition on hand. He has also affirmed on oath that he has not filed any writ before any other court of law.
When as a matter of fact, petitioner had already in the year 2016 filed an appeal before Deputy Commissioner, Srinagar, against same order dated 27th October 2016, which he has impugned before this Court in present writ petition.
Petitioner has even obtained order dated 3rd November 2016, by which order dated 27th October 2016, impugned herein, has already been stayed by the office of Deputy Commissioner, Srinagar, with a further direction to maintain status quo on spot. All these important, pivotal and imperative facts have been concealed, hidden and suppressed by petitioner before this Court while filing instant writ petition. Such an approach of petitioner is un-condonable. If such a practice is permitted to be committed by litigants, it will smash the whole justice delivery system. In that view of matter, to curb and crush such practice(s) and deter abuse of legal system, exemplary costs are required to be imposed on petitioner.
Court observed that suppression and concealment of facts disentitles the persons, approaching the courts, of discretionary reliefs under Article 226/227 of the Constitution of India. The doctrine is that those seeking Equity must do Equity or Equity must come with clean hands. It is settled law that a person who approaches the Court for granting relief, equitable or otherwise, is under a solemn obligation to candidly and correctly disclose all the material/important facts which have bearing on the adjudication of the issues raised in the case. He owes a duty to the Court to bring out all the facts and desist from concealing/ suppressing any material fact within his knowledge or which he could have known by exercising due diligence expected of a person of ordinary prudence. If a petitioner/appellant/applicant is found guilty of concealment of material facts or making an attempt to pollute the pure stream of justice, the court not only has the right but a duty to summarily deny relief to such person to prevent an abuse of the process of law and reject the Petition/Appeal on this ground alone without going to the merits of the case.
In view of above, Justice Vinod Chatterji Koul dismissed the petition in limine, with costs of Rs.1.00 lac (Rupees One Lakh only) to be deposited by petitioner within one month from today. In the event petitioner fails to deposit Rs.1.00 Lac within one month before the Registry of this Court, the Registrar Judicial, High Court of J&K and Ladakh, Srinagar, shall initiate proceedings for recovery of costs by taking appropriate steps as may be required in this regard.

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