Hon'ble Manish Mathur,J.
(ORAL)
1. This order would dispose of writ petitions (MISC. BENCH No. - 7932 of 2014, Arti Kesarwani vs. The Chief Manager (L.P.G.S.) Indian Oil Corporation and 3 others and MISC. BENCH No. - 4502 of 2013, Arti Kesarwani vs. State of U.P. and others). Both the petitions are being taken up together, in peculiar facts and circumstances of the case.
By virtue of both the petitions indulgence of the writ court has been sought in context of the same impugned order viz. order dated 8.5.2013 passed by Chief Medical Officer, Pratapgarh.
2. Shri Manish Jauhari, Advocate has appeared for Indian Oil Corporation. Shri Manish Jauhari has drawn our attention towards the prayer made in Writ Petition No.7932 (MB) of 2014 (supra) wherein the second prayer is in identical terms viz. for quashing of order dated 8.5.2013.
Shri Jauhari has drawn attention of the court towards para-1 of Writ Petition No.7932(MB) of 2014 wherein the petitioner has declared that this is the first writ petition filed by the petitioner pertaining to the cause of action involved in the writ petition. No writ petition has been filed earlier in this regard before the court.
3. Shri Shafiq Mirza, Advocate through whom Writ Petition No.7932 (MB) of 2014 has been filed states that it is unfortunate that his client did not inform him about the filing of the earlier petition.
Shri Mirza has taken a very fair stand that he is not able to defend the action of his client in filing the second writ petition on same/related cause of action without disclosing the said fact.
4. We have taken notice of the fact that Avneesh Kumar Singh, counsel in Writ Petition No.4502(MB) of 2013, Arti Kesarwani vs. State of U.P. and others has not appeared.
We have also taken into account the fact that while Writ Petition No.4502 (MB) of 2013 is pending adjudication, the second petition on the same/related cause of action has been filed.
5. For the reason of suppression of material facts and misleading the court, both the petitions (MISC. BENCH No. - 7932 of 2014, Arti Kesarwani vs. The Chief Manager (L.P.G.S.) Indian Oil Corporation and 3 others and MISC. BENCH No. - 4502 of 2013, Arti Kesarwani vs. State of U.P. and others) are dismissed.
We are not imposing costs considering the fair stand taken by Shri Shafiq Mirza, Advocate, as noticed above.
Order Date :- 26.8.2019 Madhu