- (1.) HEARD learned counsel for the parties.
(2.) LEARNED counsel for respondents has raised an objection that similar special appeal by the same appellants against the same order passed in same Writ Petition, bearing D.B. Civil Special Appeal (Writ) No. 607/2002 was dismissed on merits by co-ordinate bench of this Court vide order dated 4.5.2007, and the fact of filing of earlier special appeal was not disclosed in memo of this appeal. He further submitted that the appellants have suppressed this important material fact, more so the earlier appeal has already been dismissed, therefore, the appeal be dismissed with heavy cost. He referred the certified copy of order dated 4.5.2007, which is taken on record. The learned counsel for appellant does not dispute the above fact and submitted that two different officer incharge were appointed in the matter and they both filed two separate appeals, although the matter is one. We have considered the submissions of learned counsel for the parties. The present D.B. Special Appeal(Writ) No. 403/2002, has been filed by four appellants, namely, (1) The State of Rajasthan, through the Secretary, Local Self Government, Government of Rajasthan, Jaipur, Rajasthan, (2) The Collector, Sawaimadhopur, (3) The Municipal Board, Hindaun, through its Administrator and (4) Shri Abdul Gafoor Khan against the order dated 4.1.2002, passed by Single Bench in S.B.Civil Writ Petition No. 3781/89. Another D.B. Civil Special Appeal(Writ) No.607/2002, was filed by three appellants, namely; (1) State of Rajasthan, through the Secretary Local Self Govt., Govt. of Rajasthan, Jaipur, (2) The Collector, Sawaimadhopur, and (3) The Municipal Board, Hindaun through its Administrator, against the order of Single Judge, dated 4.1.2002, passed in S.B. Civil Writ Petition No. 3781/1989.
(3.) FROM the Memo of appeal as well as the certified copy of the order dated 4.5.2007, it is clear that two different advocates have preferred two different special appeals on behalf of same three appellants, namely, State of Rajasthan, Collector, Sawaimadhopur and Municipal Board. The fact of filing of another D.B. Civil Special Appeal(W) has not been disclosed in the Memo of Appeal. D.B.CIVIL SPECIAL APPEAL(WRIT) NO. 607/2002, has already been decided on merits by co-ordinate bench of this Court way back on 4.5.2007. In these circumstances, we are of the view that present special appeal was not maintainable. The similar special appeal against the same order, passed in same writ petition, has already been dismissed. In these circumstances, we find that present special appeal is not maintainable. Since appellants have suppressed this important fact from this Court, therefore, we find this case to be fit one to impose cost also. Consequently, the special appeal is dismissed as not maintainable with costs of Rs.5,000/-. The stay application is also dismissed. The application under Section 5 of the Limitation Act stands disposed of. ;