Court No. - 1
Case :- WRIT - C No. - 42395 of 2019 Petitioner :- M/S Kumar Industries Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- C.S.C.,Shive Datta Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of present writ petition, the petitioner has prayed for relief in the nature of writ of mandamus directing the respondent to sanction loan of Rs.two cores for the purposes of plant of machinery and running industries under the scheme known as CGTGSME of the Government of India.
At the very outset learned counsel for the respondent has pointed out that for the same relief petitioner had earlier filed a writ petition bearing no. 27 of 2019, which was disposed of with the direction to the petitioner to file appropriate representation before the bank concerned and when the matter was not considered, the petitioner had filed contempt application, however, subsequently, bank passed final order rejecting claim of the petitioner on 25.3.2019, copy whereof has been placed before the Court which is taken on record.
Learned counsel for the petitioner has filed the writ petition with the relief in the nature of mandamus but has not challenged the order dated 25th March, 2019 and learned counsel for the petitioner has not disputed the above factual position.
In view of the above, no relief can be granted to the petitioner in the present case in the absence of any challenge to the order.
In our considered opinion second writ petition with same ground, same prayer and also same cause of action is clearly not entertainable in view of bar created under Rule 7 of the 22 Rules of the Court. The petitioner has come up for an equitable relief with unclean hand and, therefore, deserves dismissal of the writ petition with cost which we quantifying as Rs. 5000/- payable to District Legal Cell, Gautam Budh Nagar within two weeks from today, failing which the same shall be recovered as arrears of land revenue.
The writ petition is accordingly dismissed with aforesaid cost.
Order Date :- 19.12.2019 Sanjeev
(Ajit Kumar,J.) (Ramesh Sinha,J.)