Tribune News Service
Chandigarh, September 26
The Punjab and Haryana High Court has made it clear that failure to disclose before it the filing of a civil suit in the subordinate courts on the same issue could lead to imposition of exemplary costs.
Justice Anil Kshetarpal of the High Court also imposed costs of Rs 1 lakh on a petitioner after noticing that he had concealed from the court the filing and subsequent withdrawal of a civil suit before moving the High Court on the same issue.
The petitioner, among other things, was seeking directions to the State of Punjab and other respondents to demolish illegal constructions on plots in Kundan Puri and Civil Lines in Ludhiana. He alleged that the construction was raised without obtaining the change of land use or getting the building plan sanctioned in accordance with the provisions in the Punjab Municipal Building Bylaws, 2018
Advocates Ashok Kumar Bazaz, Namit Kumar and Rahul Rampal, appeared before the Bench on behalf of respondents. Among other things, the Bench was told that the petitioner and other plaintiffs in the civil suit had prayed for restraining the respondents from completing the building.
Justice Kshetarpal asserted the writ petition had not been filed with clean hands and the court was of the considered opinion that the present writ petition was liable to be dismissed on the ground of concealment of material facts.
The petitioner while filing the writ petition was required to disclose that he had already filed a civil suit with regard to the same property and had also prayed for the injunction, but was not granted. The petitioner also concealed that he had withdrawn the suit instituted on his behalf by moving an application before the court. It was also not in dispute that the petitioner did not pray for permission to withdraw the suit with liberty to file a fresh suit or a writ petition.
“Keeping in view the aforesaid facts, this Court declines to go into the merits of the case. The respondents have put in appearance pursuant to notice of motion having been issued, hence the writ petition is dismissed with a cost of Rs1 lakh. The cost imposed shall be liable to be deposited by the petitioner with the ‘Poor Patients Welfare Fund’ of the Post-graduate Institute of Medical
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