SUBHASH CHANDRA MIGLANI Vs. NAGAR PALIKA PARISHAD SAHARANPUR

JUDGEMENT

(1.) ARUN Tandon, J. Heard Sri K. L. Grover, Senior Advocate, assisted by Sri R. K. Paul Advocate on behalf of the petitioner, Sri C. K. Parekh Advocate on behalf of respondent No. 2 and Standing Counsel on behalf of respondent No. 2.

(2.) SRI Subhash Chandra Miglani, the petitioner has filed this writ petition against the order passed by the Additional District Judge, Court No. 8, Saharanpur in Miscellaneous Appeal No. 143 of 2003 arising out of Case No. 12 of 2001 (Nagar Palika Parishad v. Subhash Chandra Miglani) in proceedings under the U. P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972.

(3.) FROM the record of the present writ petition it is further apparently clear that except paragraph 10 quoted hereinabove the entire writ petition is silent with regard to the fate of the aforesaid suit proceedings nor the final order passed in the aforesaid suit has been annexed along with the writ petition. In the opinion of the Court the outcome of the suit (Original Suit No. 175 of 1990) filed by the petitioner is a material fact which should have been disclosed by the petitioner with all fairness and completely. It is settled law that for invoicing equitable jurisdiction the petitioner must faithfully and fairly disclose all the material facts and any attempt to deliberately conceal material facts is a ground sufficient to refuse exercise of jurisdiction under Article 226 of the Constitution of India. The Court is satisfied that the petitioner has not approached this Court with clean hands and has made an attempt to conceal the material facts from the Hon'ble High Court.