SUPRIYA RAJESH Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT MS BUILDING, MBEDKAR VEEDHI BANGALORE AND OTHERS

JUDGEMENT

(1.) A litigant who comes to Court and invokes writ jurisdiction must come with clean hands, He cannot prevaricate and take inconsistent position. Courts have, over the centuries frowned upon litigants who, with intent to deceive and mislead the Courts initiated proceedings without full disclosure of facts. Courts held that such litigants haws come with "unclean hands" and are not entitled to be heard on merits of their case.

(2.) MATTER arises in the following manner: This writ petition is filed by the daughter of one Ratnakar Bhavani Rao, claiming to be the legal heir. One Vasudeva Rao, the original applicant makes an application in Form No.7 for grant of occupancy rights The Tribunal initially granted occupancy rights which was the subject matter of writ petition before this Court in W.P.No.44304/2001 dacided on 30,11,2004, a copy of which is produced along with statement of objections at Annexure 'R -1'. Undoubtedly, the said writ petition was filed by Ratnakar Bhavani Rao Sashital, father of the petitioner. The said writ petition was allowed and the matter was remitted to the Land Tribunal for fresh disposal in accordance with law with the following directions:

(3.) I have heard Mr. O.Shivarama Bhat, learned Counsel appearing for the petitioner and Mr. M.J. Alva learned Counsel for the legal representatives of the original tenant