Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17419
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1528 of 2022 1 - Smt. Salma Khatun W/o Late A.A. Khan Aged About 73 Years R/o Telibandha Raipur, Tahsil And District - Raipur Chhattisgarh. 2 - Rishi Kumar Jangel S/o Late Kriparam Janghel Aged About 39 Years R/o Subhash Nagar, Telibandha Raipur, Tahsil And District - Raipur Chhattisgarh. 3 - Shoaib Ahmed Khan S/o Late A.A. Khan, Aged About 46 Years R/o Anand Nagar, Main Road, Telibandha Raipur, Tahsil And District - Raipur Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Acting Through Sub Divisional Officer, Raipur Chhattisgarh. 2 - Municipal Corporation Raipur Through Its Commissioner, Raipur Chhattisgarh. 3 - Naib Tahsildar (Shri Krishna Kumar Sahu), Raipur Chhattisgarh. Digitally signed by RAGHVENDRA JAT
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... Respondent(s) For Petitioner(s) : Mr. Aman Ansari, Advocate.
For Respondent(s) No. 2 : Mr. Rakshit Tiwari, Advocate on behalf of Mr. Pankaj Agrawal, Advocate. For Respondent(s) No. 2 : Mr. Sandeep Dubey, Advocate along with Mr. Manas Vajpai, Advocate. For Intervener : Mr. T.K. Tiwari, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 16/04/2025
1. By way of this petition, the petitioner has prayed for following reliefs:-
“a) That the Hon'ble court be pleased to call for all the records from the respondent no. 1. b) That after perusal of records the Hon'ble Court be pleased to issue a writ of appropriate nature against the respondent no. 1. c) That such other reliefs as the Hon'ble court deems fit in the circumstances of the case, be granted to the petitioners. d) That cost of this petition be awarded to the petitioner against the respondent no. 1.”
2. Learned counsel for the petitioner submits that he has filed some
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3. It is a serious matter in which the parties are suppressing the material facts and are initiating parallel proceedings which cannot be permissible. Time and again, Hon’ble Supreme Court, various High Courts have cautioned the litigants not to suppress material
facts and to come to the Courts with clean hands. However, the parties are still suppressing material facts which is not acceptable. However, looking to the fact that the Civil Suit has already been filed. The present writ petition is dismissed.
4. The respondents are at liberty to approach before the concerned Court raising an objection in this matter.
5. An intervention application has been filed by one Moolchand Kukreja who is aged about 73 years old in the year 2024. He has moved an application for impleadment in this petition stating that he is interested party in this case. However, since this petition is dismissed due to filing of Civil Suit by the petitioner and two other persons, however, the said intervener is at liberty to file appropriate application for impleading his name to be made as party in the Suit as according to the intervener he is necessary party for adjudication of the case, if so required.
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6. Following the view taken by the Hon’ble Supreme Court in the matter of Ramjas Foundation and another vs. Union of India and others, (2010) 14 SCC 38 this Court has imposed a cost of Rs. 25,000/- on respondent Nirmal Kumar Singh in Review Petition No. 24/2025 (D.K Chandel Vs. State of Chhattisgarh & Ors.) decided on 11.03.2025.
7. Since the petitioner has suppressed material facts and has initiated two parallel proceedings and has misused the proceedings of the Court as such the petitioner is directed to pay a sum of Rs. 5,000/- as cost. The petitioner is also directed to pay the said cost within a period of 30 days before the Registry of this Court and if the amount is not paid, the Registry will take necessary action against the petitioner.
8. With this observation and direction, the writ petition stands
disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat