Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5504 of 2018 Petitioner :- Jamiya Ahle Sunnat Imdadul Uloom , Matehna And 2 Others Respondent :- Civil Judge (Senior Division) / F.T.C. Siddharth Nagar And 44 Others Counsel for Petitioner :- Tripathi B.G. Bhai Counsel for Respondent :- Sipahi Lal Shukla
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Tripathi B.G. Bhai, learned counsel appearing for the plaintiffs-petitioners and Shri Sipahi Lal Shukla, learned counsel for the contesting respondents.
The petitioners are before this Court with request to issue direction to the Civil Judge (Senior Division)/F.T.C., Siddharth Nagar to decide the Original Suit No.471 of 2010 (Zamiya Ahle Sunnat and ors vs. Safayat Hussain and others) within stipulated time.
Initially, the matter was taken up by this Court on 7.8.2018, and on the said date, an objection was raised by Shri Sipahi Lal Shukla, appearing for the contesting respondents that the present writ petition has been filed with concealment of material facts.
Confronted with this situation, Shri Tripathi B.G. Bhai, learned counsel appearing for the plaintiff-petitioners had taken time to file supplementary affidavit. In response thereof, the supplementary affidavit has been filed today stating that the petitioners were not heard while deciding the Special Appeal No.432 of 2018 filed by the respondents against the order dated 5.4.2018. The petitioner filed the review application for reviewing the order passed in the aforesaid Special Appeal and the same is pending consideration. The supplementary affidavit filed today is taken on record.
In the mid of the argument, Shri Sipahi Lal Shukla, learned counsel for the contesting respondents has produced a copy of the earlier Writ Petition No.32197 of 2012 (The Committee of Management, Zamiya Ahle Sunnat Imdul Uloom, Matehna, Post Khandsari Bazar, District Siddharthnagar through its Manager Mohd. Tabib Khan and another vs. State of UP and others) and has placed reliance on paragraphs 17, 18, 19 and 20 of the aforesaid writ petition, wherein it has been categorically averred that the petitioner has already withdrawn the O.S. No.471 of 2010. He further makes submission that once the petitioners had already made a statement on affidavit in the earlier round of litigation that they had already withdrawn the O.S. No.471 of 2010, then in such situation the present writ petition cannot be maintained and the same is liable to be dismissed on this score itself.
The said factual aspect has not been denied by Shri Tripathi B.G. Bhai, appearing for the petitioners. He very fairly states that this fact has not been brought into his notice and as such, he is not inclined to press the present writ petition.
In the facts and circumstances, this Court is of the considered opinion that once the petitioners have not approached this Court with clean hand, then in such situation the writ petition is liable to be dismissed on the ground of concealment of material fact with exemplary cost to be imposed on the petitioners.
Consequently, I impose a cost of Rs.10,000/- (Rupees Ten thousand only) upon the petitioner. The amount of Rs.10,000/- shall be deposited by the petitioner with the Registrar General of Allahabad High Court within one month from today. If the same is not deposited within the stipulated time the Registrar General shall take steps for recovery of the same from the petitioner as arrears of land revenue. The amount so deposited shall then be transmitted to the High Court Legal Services Authority.
The writ petition is dismissed, accordingly.
Order Date :- 23.8.2018 RKP