SPA/342/2021
2021 Latest Caselaw 4431 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                            AND
       THE HON'BLE SRI JUSTICE NARAYAN SINGH DHANIK


               Special Appeal No. 342 of 2021


                      8TH NOVEMBER, 2021


 Mr. Desh Raj Singh, the learned counsel for the appellant.

 Mr. Tarun Lakhera, the learned Brief Holder for the State of
 Uttarakhand.


 JUDGMENT:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

              Having argued the case at some length, the

 learned counsel for the appellant seeks permission to

 withdraw this appeal.


 2.           What is indeed surprising about this appeal is

 the fact that the appellant has challenged the order

 dated 24.08.2021, passed by the learned Single Judge of

 this Court in Writ Petition (M/S) No. 901 of 2021,

 whereby the learned Single Judge has dismissed the writ

 petition after imposing a cost of Rs. 10,000/-. For, the

 petitioner     had    approached        the    Writ    Court     while

 intentionally and deliberately hiding the fact that for the

 same set of relief, he had filed a Writ Petition (PIL) No.

 87 of 2019, before the learned Division Bench of this
 Court. The said PIL was dismissed by the Division Bench

of this Court by its order dated 04.07.2019. Yet

notwithstanding the dismissal of the PIL, on 09.04.2021,

the petitioner had filed a Writ Petition before the learned

Single Judge. Considering the fact that the petitioner had

approached the Court with unclean hands, the learned

Single Judge has not only dismissed the Writ Petition but

has also imposed a cost of Rs. 10,000/- on the

petitioner.


3.        Notwithstanding the dismissal of the Writ

Petition and the imposition of a cost of Rs. 10,000/- , the

petitioner has filed the present appeal before this Court.


4.        It is, indeed, a shocking state of affairs that

the petitioner, who has approached the Writ Court with

unclean hands and has been imposed a cost of Rs.

10,000/-, still has the courage to file an appeal before

this Court. Even if the learned counsel for the appellant

seeks permission of this Court to withdraw the present

appeal, he shall be permitted to withdraw this appeal

only after the appellant has deposited a cost of Rs.

25,000/-. The said cost shall be deposited in favour of

Uttarakhand High Court Advocates Welfare Fund.




                             2
 5.         The District Magistrate of the District Haridwar

is directed to ensure that the said cost is duly deposited

with the Uttarakhand High Court Advocates Welfare Fund

within a period of four weeks. The Registry is directed to

inform this Court whether the said amount has, indeed,

been deposited in favour of Uttarakhand High Court

Advocates Welfare Fund or not? In case the said amount

is not deposited within the stipulated period, the

Registry   is   directed   to   list   this   case   immediately

thereafter before this Court for further orders.



                  _____________________________
                  RAGHVENDRA SINGH CHAUHAN, C.J.


                                                ___________
                                                N.S. Dhanik, J.

Dt: 08th November, 2021 Shiksha