SHRI RAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS
LAWS(ALL)-2001-11-148
HIGH COURT OF ALLAHABAD
Decided on November 20,2001

SHRI RAM Appellant
VERSUS
Deputy Director of Consolidation and others Respondents

JUDGEMENT

R.H. Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 12.12.1979 passed by respondent No. 3, the order dated 31.10.1985 passed by respondent No. 2 and the order dated 11.2.1991 passed by respondent No. 1.
(2.) Learned counsel appearing for the contesting respondents objected to the maintainability of the present petition. It was urged that earlier the petitioners filed writ petition No. 4548 of 1991 against the same orders and on the same facts. The said writ petition was dismissed by this Court on 13.8.1991. The order passed by this Court, dismissing the writ petition, has become final. It was submitted that by concealing the aforesaid facts, the petitioners again filed the present petition under Article 226 of the Constitution of India and succeeded in obtaining the interim order in their favour from this Court on 2.5.200.
(3.) The objection raised by learned counsel for the respondents has got force. The present petition is apparently hit by the provisions of Rule 7 of Chapter XXII of the Rules of Court, which specifically prohibits filing of successive petition on the same facts. The petitioners, in view of the law laid down by the Apex Court, by concealing material facts and by obtaining favourable orders in the second petition, committed contempt of this Court. Further, in view of the law laid down in the case of Asiatic Company v. Achhru Ram and others, A.I.R. 1951 Allahabad 746 (F.B.) for concealment of fact, not only the interim orders granted by the Court are liable to be vacated but the writ petition itself is liable to be dismissed.;


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