Allahabad High Court
Gopal Das Peshwani And Others vs State Of U.P. Thru' Principal ... on 28 April, 2011
Bench: Satya Poot Mehrotra, Rajesh Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - C No. - 15481 of 2011
Petitioner :- Gopal Das Peshwani And Others
Respondent :- State Of U.P. Thru' Principal Secry., Housing And Others
Petitioner Counsel :- Udai Chandani
Respondent Counsel :- C.S.C.,Vivek Verma
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Rajesh Chandra,J.
As per the averments made in the Writ Petition, the petitioners were allotted flats by the respondent no. 2 under a Residential Scheme in the name of Pandeypur Residential Housing Scheme.
The relief prayed for in the present Writ Petition is for quashing the Recovery Certificate after summoning the same from the office of the respondent nos. 5 and 6 and for directing the respondents not to adopt any coercive measures against the petitioners.
As mentioned in the Order dated 31.3.2011, Shri Vivek Verma, learned counsel for the respondent nos. 2, 3 and 4 has obtained instructions in the matter. On the basis of instructions received, Shri Vivek Verma, learned counsel for the respondent nos. 2, 3 and 4 states that there was default in payment of instalments by the petitioners, and consequently, the recovery proceedings were initiated against the petitioners. The petitioners herein along-with certain other persons filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 22325 of 2002. This Court, by the Order dated 24.5.2002 passed in the said Writ Petition, permitted the petitioners herein to deposit the entire amount in instalment, as fixed in the said Order dated 24.5.2002. The present Writ Petition pertains to the same subject-matter.
Shri Vivek Verma, learned counsel for the respondent nos. 2, 3 and 4, on the basis of instructions received by him, further states that in regard to the same subject-matter, the petitioners had also filed a Suit being Suit No. 215 of 2001, which was dismissed for want of prosecution on 31st July, 2002.
By the Order dated 31.3.2011, Shri Udai Chandani, learned counsel for the petitioners in the present Writ Petition was granted time to obtain instructions keeping in view the instructions received by Shri Vivek Verma, as mentioned above.
Shri Udai Chandani, learned counsel for the petitioners, on the basis of instructions received by him, states that the facts as stated by Shri Vivek Verma in regard to the filing of the earlier Writ Petition, are correct.
Shri Udai Chandani, however, is not in a position to make any statement in regard to the filing of Suit by the petitioners as stated by Shri Vivek Verma.
In view of the above, it is evident that the petitioners have filed the present Writ Petition in regard to the same subject-matter/cause of action as was the subject-matter/cause of action of the aforesaid earlier Writ Petition being Civil Misc. Writ Petition No. 22325 of 2002 filed by the petitioners without disclosing the fact in regard to the said earlier Writ Petition, namely, Civil Misc. Writ Petition No. 22325 of 2002.
As the Writ Petition filed by the petitioners earlier, namely, Civil Misc. Writ Petition No. 22325 of 2002 was disposed of by this Court giving various directions, the present Writ Petition, which is the Second Writ Petition in regard to the same subject-matter/cause of action, cannot be entertained.
It is noteworthy that the petitioners have not disclosed the fact regarding filing of the earlier Writ Petition, namely, Civil Misc. Writ Petition No. 22325 of 2002 in the present Writ Petition. On the contrary, in paragraph 1 of the present Writ Petition, it is stated that the present Writ Petition filed by the petitioners for the relief claimed is the first writ petition.
In view of the above discussion, the present Writ Petition is liable to be dismissed with costs.
The Writ Petition is accordingly dismissed with cost of Rs. 10,000/- each on each of the petitioners no. 1, 2 and 3.
The amount of Rs. 30,000/- to be so paid in respect of the costs, will be deposited with the Meditation and Conciliation Center, High Court, Allahabad within a period of two weeks from today.
Order Date :- 28.4.2011
Ajeet
