Goyal vs Unknown
2021 Latest Caselaw 3254 UK

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                                  IA No. 2 of 2021
                                  In
                                  WPMS No. 901 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode)

Mr. Desh Raj Singh, Advocate for the petitioner.

Mr. V.D. Bisen, Brief Holder for the State of Uttrakhand.

The petitioner by concealing the fact of having earlier approached before the Division Bench by filing the Writ Petition (PIL), being Writ Petition (PIL) No. 87 of 2019, Kapil Kumar Goyal Vs. State of Uttarakhand and others, where similar relief was sought by the petitioner, as it has been sought in the present Writ Petition. The said PIL was dismissed by the Division Bench of this Court vide its judgment of 4th July, 2019.

Concealing the said fact of the judgment of the Division Bench, the petitioner had filed the present Writ Petition, on 9th April, 2021, i.e. much thereafter, praying for the similar relief, as it was subject matter before the Division Bench, which was decided on 04.07.2019.

When this fact was brought to the notice of the Court, the learned counsel for the petitioner was directed to file his affidavit, as to under what circumstances, the subsequent Writ Petition before the learned Single Judge has been preferred, though earlier the Division Bench, had already dismissed the Writ Petition.

The learned counsel for the petitioner has submitted that he has already filed an affidavit in the Registry of the Court, in which, in para 2 of the said affidavit, the following statement has been made :-

"2. That the as a counsel for the petitioner filed a writ petition pending before the Hon'ble Court, the petitioner mislead not confirmed already filed a Writ Petition (PIL) No. 87/2019 the dismissed order dated 04.07.2017, Kapil Kumar Vs. State of Uttarakhand and others. Kindly request the Hon'ble Court 1, want a lot from you due to lack of correct information from us."

The statement has been made to the effect that the petitioner has not informed the counsel about the true and correct facts, and he has rather misled the counsel too and the fact of having preferred the PIL before the Division Bench was not brought to his knowledge.

Because of the fact that the PIL of the petitioner already stood dismissed on merits by the Division Bench vide its judgment rendered on 4th July, 2019, and the said fact has been concealed by the petitioner, to be brought on record of the present Writ Petition, which was preferred on 8th April, 2021, it would be deemed that the petitioner has not approached the Writ Court with clean hands by disclosing all the correct and relevant true facts, which would have been necessary for an effective adjudication of the Writ Petition.

On that ground itself, since the Writ Petitioner has not approached the Writ Court with clean hands by disclosing all the true and correct facts, this Writ Petition is dismissed with a cost of Rs.10,000/- to be imposed on the petitioner, which is directed to be deposited in the High Court Bar Association Advocates Welfare Fund.

The District Magistrate of District Haridwar, is directed to ensure the deposit of the said costs, in the account of the High Court Bar Association Advocates Welfare Funds, within six weeks, lest it will be open for him to recover the amount from the petitioner, to be deposited as directed above.

The Writ Petition is accordingly dismissed.

(Sharad Kumar Sharma, J.) Dated 24.08.2021 Shiv