AWDHESH KUMAR DIXIT v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 2 OTHERS
WRIC/603/2025 · 2025-01-28
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118780 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5496-DB Court No. - 1 Case :- WRIT - C No. - 603 of 2025 Petitioner :- Awdhesh Kumar Dixit Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C.,Anuj Kumar Srivastava Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sanjay Kumar Srivastava, the learned counsel for the petitioner, the learned Standing Counsel appearing on behalf of the State, Sri Anuj Kumar Srivastava, Advocate who has put in appearance on behalf of the opposite party no.3 and filed his vakalatnama, which is taken on record.
2. At the very outset an objection has been raised by Sri Anuj Kumar Srivastava, the learned counsel for the opposite party no.3 pointing out that the present petitioner has already availed of a remedy against the consequential order which was passed in pursuance of this court's order dated 20.03.2013, passed in Writ Petition No.2666 (M/B) of 2003 as contained in Annexure No.2 to the petition. Once the same cause is already subjudice before this court in a separate writ petition bearing No.10637 (M/B) of 2013 there is no reason for the petitioner to have concealed the material facts while filing the present writ petition, which otherwise would not lie during the pendency of writ petition already filed.
3. At this stage, the learned counsel for the petitioner states that he may be permitted to withdraw the writ petition
4. The concealment of such material facts amounts to an abuse of the process of law, but since the writ petition as been chosen to be dismissed as not pressed, we permit the petitioner to withdraw the writ petition and the same is dismissed as not pressed. However, a cost for abuse of process of law is quantified at a sum of Rs.2500/- which shall be deposited by the petitioner in the Mediation and Conciliation Centre of this Court within a period of two weeks from today. [Subhash Vidyarthi, J.] [A.R. Masoodi, J.] Order Date :- 28.1.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench