JUDGEMENT
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(1.) This appeal is directed
against judgment and order dated 21st April,
2005, passed by the learned single Judge in
the writ application being W. P. (C) No. 1781/
2005 filed by the appellant herein, seeking a
direction upon the respondents not to demolish any part of the petitioner's property.
Recording the fact that several other applications filed earlier has been dismissed one
after other that had been withheld from the
Writ Court, the learned single Judge came
to a finding that the petitioner had not come
to the Court with clean hands, and on the
other hand, had not even produced a single
chit of paper to show even a prima facie title
or possession over the land in question. The
learned single Judge, therefore, not only dismissed the writ application but also imposed
cost of Rs. 20,000/- on the writ petitioner.
(2.) Aggrieved by the said judgment and
order of the single Judge, the writ petitioner
has moved the instant appeal on the ground
that the land forming the subject-matter of
the writ applications was not in any way,
connected with the subject-matter of the writ
applications, which had been filed earlier
and which has been dismissed and consequently, the question of suppression of fact
did not arise.
(3.) Appearing in support of the appeal.
Mr. Ughal submitted that separate notices
has been issued and separate proceedings
had been taken in respect of other portions
of the plot other than portions now involved
in the present writ application and being
the subject-matter of Case No. EC/ADRM
585 of 2002 pending before the Estate Officer, South Eastern Railway,
Chakradharpur. Mr. Ughal submitted that
the learned single Judge has been prejudiced
by earlier orders passed in different matters
in passing the order, which has been impugned in the appeal.;
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