WPMS/2876/2021
2021 Latest Caselaw 5436 UK

             Office Notes, reports,
             orders or proceedings
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                                      WPMS No.2876 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Akshay Joshi, Advocate for the petitioners.

Mr. Subhang Dobhal, Advocate for respondent no.1.

Mrs. Anjali Bhargawa, Addl. C.S.C. for the State of Uttarakhand.

As against the same cause of action i.e. as against the order which was passed by the District Magistrate on 23.01.2020, while exercising his powers under Section 14 of the SARFAESI Act, the petitioners had filed the first writ petition being Writ Petition (M/S) No.448 of 2020, which was dismissed by the Coordinate Bench of this Court by the judgment of 24.02.2020, directing the petitioners to approach the DRT under Section 17 of the Act.

The petitioners being aggrieved, against the said order had preferred a special appeal, being Special Appeal No.89 of 2020, which was also dismissed by the Division Bench, vide its judgment of 24.06.2020.

It was thereafter the petitioners have preferred another writ petition being Writ Petition (M/S) No.2487 of 2021, which was dismissed as withdrawn.

This is the third writ petition for the same relief where a challenge has been yet again given to the order of 23.01.2020 which was passed by the District Magistrate under Section 14 of SARFAESI Act and almost the relief sought for is verbatim same.

Such type of a practice cannot be permitted to be perpetuated particularly in a writ jurisdiction where the pleadings are only dependent upon the affidavits, which are sworn by the litigants before the Court. The trail of trust by the petitioners by consecutively filing a writ petition, before the Court and without disclosing the true, complete and correct facts and particularly by not annexing the earlier orders, which has been passed in their writ petitions, by the Court will amount to be an unfair practice, on part of the petitioners with an deliberate intention to mislead the Court.

In that eventuality, while dismissing this writ petition I impose a cost of Rs.25,000/- on petitioners to be deposited in the 'High Court Bar Association Advocates Welfare Fund' within a period of ten days from today.

If the amount is not deposited within the aforesaid period, the District Magistrate, Udham Singh Nagar will recover the amount from the petitioner as arrears of Land Revenue.

The Registry is directed to supply the copy of this judgment to the District Magistrate, Udham Singh Nagar, for necessary action and compliance.

The writ petition stands dismissed accordingly.

(Sharad Kumar Sharma, J.) 31.12.2021 Arti