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2025 DAILYLAW 198562 (ALL)

NO. 736483T EX CPL. RAM KRIPAL PANDEY v. UNION OF INDIA THRU. SECY. MINISTRY OF DEFENCE NEW DELHI AND 3 OTHERS

WRIA/13101/2025 · 2025-11-12

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13101 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Vijay Kumar Pandey, learned counsel for the petitioner and S.B. Pandey, learned Senior Advocate and DSGI assisted by Sri Varun. Pandey, learned counsel for the respondents. 2. This writ petition has been filed by the petitioner with the following prayer :- That the instant writ petition is being filed for quashing the impugned order dated 04.10.2024 and rejection order of compensation dated 23.03.2012, by the opp.party no. 2&3, as contained in annexure no.1&2 to this writ petition, and respondents may kindly be directed to compensate the petitioner with amount of Rs. 15,72,70,000/- (Rs. Fifteen Crore Seventy Two Lac and Seventy Thousand Only) for mental and physical harassment and agony and other ancillary expenses, in the interest of justice. 3. It has been stated in paragraph nos.1 to 3 of the writ petition as follows :- 1. That this is the first writ petition of the petitioner before this Hon'ble Court on the present subject matter and prior to this no other writ petition, application, appeal or revision has been filed or pending either at Allahabad or here at this Lucknow bench Lucknow relating to the same subject matter and set of circumstances. 2. That the petitioner has not received any caveat notice or information by or on behalf of any opposite parties, through any source or mode. Versus Counsel for Petitioner(s) : Vijay Kumar Pandey Counsel for Respondent(s) : A.S.G.I. No. 736483t Ex Cpl. Ram Kripal Pandey .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Defence New Delhi And 3 Others .....Respondent(s) 3. That the instant writ petition is being filed for quashing the impugned order dated 04.10.2024 and rejection order of compensation dated 23.03.2012, by the opp.party no. 2&3, as contained in annexure no.1&2 to this writ petition, by which the petitioner as well as his family members sustained physical, mental as well as economic damages which cannot be reversed and compensated in any manner. The copy of impugned order dated 04.10.2024 and rejection order of compensation dated 23.03.2012 is being filed herewith as Annexure No. 1&2 to this writ petition. 4. An objection has been raised by learned counsel for the respondents that the petitioner has concealed material facts from this Court and has filed a false affidavit. He had earlier filed Writ A No. 1590 of 2025, titled as No.736483t Ex Cpl. Ram Kripal Pandey vs. Union of India through Secretary, Ministry of Defence, New Delhi and others; Neutral Citation No.-2025:AHC-LKO:8766-DB, through the very same counsel, Sri Vijay Kumar Pandey, and said writ petition was dismissed by this Court on 11.02.2025. 5. It has further been submitted that Original Application No.834 of 2021 has not been mentioned in the prayer clause of the present writ petition, which has been filed by concealing the earlier writ petition. However, if this Court examines Annexure No.1, which is the impugned order, it would be found that the said order dated 04.10.2024, was passed in Original Application No. 834 of 2021 titled No.736483T Ex Cpl. Ram Kripal Pandey vs. Union of India through Secretary, Ministry of Defence, New Delhi and two others. It has also been pointed out by the learned counsel for the respondents that the counsel appearing for the applicant in the said Original Application before the Armed Forces Tribunal was the same person, namely Sri Vijay Kumar Pandey, Advocate, and that he had challenged therein the same orders which are under challenge in the present writ petition. 6. Initially, Sri Vijay Kumar Pandey, learned counsel for the petitioner tried to deny such arguments raised by the learned counsel for the respondents saying that he has no knowledge of Writ A No.1590 of 2025 having been filed by the petitioner which was rejected on 11.02.2025. 7. Later on, when this Court compared the facts as mentioned in the WRIA No. 13101 of 2025 2 order dated 11.02.2025, a copy of which has been supplied to this Court by the learned counsel for the respondents, the learned counsel for the petitioner prayed for time to go through the judgment and order dated 11.02.2025 and prayed for pass over of the matter. 8. Having compared the facts as mentioned in the judgment and order dated 11.02.2025 passed in Writ A No.1590 of 2025 and the facts mentioned in the order impugned dated 04.10.2024 which has been mentioned in the prayer clause of the instant writ petition, we are satisfied that there is a deliberate concealment and misrepresentation amounting to fraud played upon this Court. 9. In this regard a judgment of Hon'ble Supreme Court rendered in the case of Dalip Singh v. State of Uttar Pradesh and others : (2010) 2 SCC 114 may be usefully referred to. 10. In view of the brazen attitude of the petitioner in making a false averment before the Court and of his counsel trying to mislead the Court further, we impose the cost of Rs.1,00,000/- (Rupees One Lakh) on the petitioner. The petitioner shall deposit the amount within a month before the Senior Registrar of this Court. 11. In case of non-deposit of the cost as aforesaid within the time as prescribed, the Senior Registrar of this Court shall issue a recovery certificate, which shall be sent to the District Magistrate of District Mau, who shall ensure recovery of the amount of cost from the movable and immovable property of the petitioner, Ram Kripal Pandey, s/o Jagar Nath Pandey, R/o Village Deokaly-Deolas, Post Deolas, District Mau within a further period of three months and deposit the cost in this Court thereafter. 12. The writ petition is dismissed. November 12, 2025 Ashish Dewal WRIA No. 13101 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench