RADHIKA VIHAR E W S COLONY VIKAS SAMITI SAUNKH ROAD MATHURA Vs. U P AWAS AND VIKAS PARISHAD 104 M G MARG LUCKNOW AND ANOTHER

JUDGEMENT

(1.) Extraordinary remedies, like prerogative writs, oblige a citizen seeking it to come clean before the High Court and state the truth and nothing but the truth. In the present writ petition, the petitioners having filed a Civil Suit No. 274 of 1992 before the Civil Judge, Mathura, in the matter relating to and, in the context of, the same property, namely, accommodation provided to them in the economically weaker section category by the respondents, seek relief that no demands be made from them in addition to what was advertised and their peaceable possession be not disturbed. The reliefs are not different than those prayed in the writ petition.

(2.) Long ago this Court had held in the matter of Asiatic Engineering Co. v. Achhru Ram, that material suppression of facts would disentitle the person of the writ which he seeks.

(3.) The petitioners have materially suppressed facts that they have already utilised a remedy in the nature of a suit and it took the respondents to bring it on record by a counter-affidavit.