Smt. Vineeta Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 5606 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 38800 of 2022
 

 
Petitioner :- Smt. Vineeta Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Dr. D.K. Tiwari,Pawnesh Tiwari
 
Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Ms. Nand Prabha Shukla,J.

Sri Krishna Mohan Asthana learned counsel appears for Moradabad Development Authority.

It is pointed out that the petitioner herein had filed Writ C no.36387 of 2006 which was dismissed noticing that the petitioner being subsequent purchasers, the relief prayed by them was not admissible which were available only to the tenure holder. It seems that on a recall application filed by the petitioner, the order of the dismissal of writ petition dated 02.10.2010 was recalled and the said writ petition was dismissed as not pressed by the judgment and order dated 20.07.2018.

On the statement made by the counsel for the petitioner, both the orders have been placed before us. The factum of filing of the said writ petition could not be disputed by the learned counsel for the petitioner.

On the query made by the Court, he admits that there is no disclosure in the writ petition about the previous writ petition having been filed by the petitioner.

We, therefore, dismiss the present petition being second writ petition and for concealment of the material fact on the part of the petitioner, we propose to impose cost quantified to Rs.5,000/- which shall be deposited by the petitioner within two weeks before the Registrar General, High Court Allahabad.

The cost deposited shall be transmitted in the account of the High Court Legal Services Committee.

Order Date :- 20.2.2023

Harshita