(1.) Heard Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan and Sri Shadab Khan, learned counsel for the petitioners, Mrs. Radhika Singh, learned counsel for respondent No.5/5, Sri Puneet Chandra, learned counsel for respondent Nos.5/1 and 5/4 and Sri Sayyed Aftab Ahmad, learned counsel for respondent Nos.5/2 and 5/3.
(2.) At the very outset, Sri Puneet Chandra, learned counsel for respondent Nos.5/1 and 5/4 raised preliminary objections in regard to maintainability of the writ petition and the petitioner's locus standi on the following grounds:
(3.) On the other hand, Mrs. Radhika Singh, learned counsel for respondent No.5/5 raised preliminary objection on the maintainability of writ petition on the grond that the petitioner's conduct is marked by suppression of material documents and proceedings, deliberate withholding of the valuation report, reliance on an ex parte order of 1959 while concealing the compensation already received and indulgence in parallel litigations constitutes nothing short of a fraud upon this Hon'ble Court and gross abuse of the process of law. Such a litigant, who approaches the Court with unclean hands, engages in sharp practices and seeks to mislead the judicial process cannot be permitted to invoke the extraordinary writ jurisdiction under Article 226 of the Constitution of India.
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