BIMAL CHANDRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus appeal is directed against the judgment and/or order passed by the learned Single Judge of this Court on 20th July, 2016 dismissing the writ petition filed by the appellant/writ petitioner with costs of 50 G.M.s on the ground that the writ petitioner who was the respondent No. 11 in the earlier writ petition did not disclose the fact relating to the earlier writ petition filed by one of his brothers, viz., Ganesh Chandra Mondal being W.P. No. 22470(W) of 2013 and the order passed therein disposing of the said writ petition by another learned Single Judge of this Court on 20th August, 2014, even though the appellant/writ petitioner was a party to the earlier writ petition as respondent No. 11 therein and he participated in the hearing of the said writ petition and thus, was fully aware about the said proceeding and the order passed therein.

(2.) The legality and/or validity of the said order is under challenge in this mandamus appeal.

(3.) Mr. Pan, learned advocate appearing for the writ petitioner/appellant submits that the facts relating to the filing of the earlier writ petition and the order passed therein was admittedly not disclosed in the present writ petition filed by his client. He submits that since the disputed plot of land was not acquired in the proceeding mentioned in the earlier writ petition or in other words since wrong description of the acquisition proceeding by which the land of the petitioner and his other co-sharers was acquired, was given in the earlier writ petition, his client did not feel it necessary to disclose those facts in the writ petition.