DIWAKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 21st April, 2005, passed by the learned single Judge in the writ application being W. P. (C) No. 1781/ 2005 filed by the appellant herein, seeking a direction upon the respondents not to demolish any part of the petitioner's property. Recording the fact that several other applications filed earlier has been dismissed one after other that had been withheld from the Writ Court, the learned single Judge came to a finding that the petitioner had not come to the Court with clean hands, and on the other hand, had not even produced a single chit of paper to show even a prima facie title or possession over the land in question. The learned single Judge, therefore, not only dismissed the writ application but also imposed cost of Rs. 20,000/- on the writ petitioner.

(2.) Aggrieved by the said judgment and order of the single Judge, the writ petitioner has moved the instant appeal on the ground that the land forming the subject-matter of the writ applications was not in any way, connected with the subject-matter of the writ applications, which had been filed earlier and which has been dismissed and consequently, the question of suppression of fact did not arise.

(3.) Appearing in support of the appeal. Mr. Ughal submitted that separate notices has been issued and separate proceedings had been taken in respect of other portions of the plot other than portions now involved in the present writ application and being the subject-matter of Case No. EC/ADRM 585 of 2002 pending before the Estate Officer, South Eastern Railway, Chakradharpur. Mr. Ughal submitted that the learned single Judge has been prejudiced by earlier orders passed in different matters in passing the order, which has been impugned in the appeal.