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M/S.Indian Oil Corporation ... vs State Of U.P.Through ...

High Court Of Judicature at Allahabad|28 August, 2019

JUDGMENT / ORDER

(1) Heard Ms. N. Srivastava, appearing for the petitioner and Shri Shailendra Kumar Singh, CSC-III, who has appeared on behalf of the State-respondents.
(2) In terms of the earlier order passed by this Court, District Magistrate, Lalitpur, Mr. Manvendra Singh, is present in person and he has brought a copy of the proposed Master Plan and the petrol station proposed to be set up by the petitioner. The petrol station has been shown on the lower right hand side corner of the Map which is marked for the purpose of submergence of the Govind Sagar Dam and for Green Belt.
(3) It is clear from the Map that has been produced by the District Magistrate, Lalitpur, on the basis of which the impugned order has been passed that the petitioner was all along misleading the Court.
(4) Writ petition is dismissed with Cost of Rs.50,000/- (Rupees Fifty Thousand Only) to be recovered from the petitioners by way of arrears of land revenue, in case the same is not deposited by them within two weeks from today in the Registry.
(5) As and when such cost is deposited by the petitioners the same shall be released in favour of the Child Welfare Committee of District Lalitpur, to be utilized for the welfare of Children in need of Care and Protection.
(6) Learned counsel for the petitioner says that she may be heard on the merits of the case. However, this Court has heard the petitioner's counsel enough on the past several occasions and has also made observations with regard to the submissions made by the learned counsel for the petitioner in its earlier orders. I do not think there is any necessity to hear the matter further. Writ jurisdiction is not to be utilized by willy litigants for their own benefits. Writ jurisdiction is an equity jurisdiction where the litigant has come with clean hands as equity always follows the Law and it is not the otherway round.
Order Date :- 28.8.2019 PAL
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Title

M/S.Indian Oil Corporation ... vs State Of U.P.Through ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 August, 2019
Judges
  • Sangeeta Chandra