M.N. Bhandari, J. - (1.) BY this writ petition has been, following reliefs have claimed, which are quoted thus: (i) By an appropriate order or direction the entire record regarding the costing of the impugned house may kindly be called for by this Hon'ble Court. (ii) By an appropriate order or direction the Respondents be directed to quote fair prices of the house and transfer the possession of the house to the Petitioner immediately. (iii) By an appropriate order or direction the notice dated 4.3.2008 be declared to be illegal and unsustainable in the eyes of law. (iv) By an appropriate order or direction exemplary cost may also be awarded in favour of humble Petitioner in view of the exorbitant rent being paid by the Petitioner towards his housing needs due to irrational and illegal act of the Respondents. (v) Any other order or direction may also be passed which Hon'ble Court deems fit and proper in the facts and circumstances of this case.
(2.) IT is stated by learned Counsel for Respondents that before approaching this Court, Petitioner filed a civil suit raising same grievance apart from others. The suit was dismissed vide the order dated 26.04.2004 at Annex.R/1. Suppressing the aforesaid material facts, this writ petition has been filed. The Petitioner cannot re -agitate the same issue before this Court rather he is liable to be prosecuted for filing wrong affidavit. Learned Counsel for Petitioner, on the other hand, submits that the controversy before the civil court was different then raised herein. Accordingly, it was not necessary for the Petitioner to disclose such facts. Even the principle of res judicata does not apply, if it is presumed that Petitioner has raised same controversy before the Civil Court, as issue remained undecided. Referring the judgment of this Court in the case of Ms. Hema Khanna v. Rajasthan Housing Board and Ors. reported in, 2005 (4) WLC (Raj.) 655, it is submitted that the housing board having not charged interest from others, was not allowed to charge interest from the Petitioner therein. According to learned Counsel for Petitioner, revision in the price is on account of component of interest.
(3.) I have considered the submissions made by learned Counsel for parties and perused the record.;