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Neutral Citation No. - 2025:AHC:78143 Court No. - 4 Case :- WRIT - A No. - 6058 of 2025 Petitioner :- Suneel Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girish Kumar Mishra,Hari Om Shukla Counsel for Respondent :- C.S.C. Connected with Case :- WRIT - A No. - 12202 of 2019 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Priyanka Devi,Raj Kumar Sharma,Ram Das Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Case called out in the revised list. Learned counsel for the petitioner is not present though the case is listed today on the top of the board to be taken up as first case. Learned Standing Counsel is present. Learned Standing Counsel has drawn the attention of this Court to the last order dated 6th May, 2025 passed by this Court. The order dated 6th May, 2025 is reproduced hereunder:
"Learned Standing Counsel has raised preliminary objection as regards maintainability of this petition on the ground that petitioner has already challenged the impugned punishment order in the pending Writ A No. 12202 of 2019 which fact has been very conveniently concealed in this petition. Instructions are taken on records and a copy whereof is also supplied to
learned counsel for petitioner. Put up this matter on the top of the board on 13.05.2025 along with Writ A No. 12202 of 2019. It is made clear that no adjournment shall be entertained in this case on the said date." From the perusal of the relief clause in the pending petition being Writ - A No.- 12202 of 2019 it clearly transpires that petitioner had challenged the orders passed by the punishing authority dated 17th March, 2018, by appellate authority dated 6th February, 2019 and
the authority sitting in revision dated 1st May, 2019. The order of appellate authority as well as punishing authority has also been challenged in this subsequent writ petition. Relief clause No.- 1 of the writ petition being Writ - A No.- 12202 of 2019 is reproduced hereunder:-
"i. Issue a writ, order or direction in the nature of certiorari quash the impugned orders dated 1.5.2019, 6.2.2019 & 17.3.2018 passed by the respondent Nos. 2, 3 & 4 respectively (Annexure Nos. 7, 5 and 2 respectively to the writ petition)." In view of the above, it is clear that petitioner has concealed material fact regarding pendency of his earlier petition in which the same orders are challenged on same grounds. This petition, therefore, is liable to be dismissed for the petitioner coming with unclean hands and concealing material facts, with exemplary cost. The writ petition is dismissed with a cost of Rs.25,000/- to be deposited before the Registrar General of this Court within three weeks from today, failing which the same shall be recoverable as land revenue. The connected matter being Writ – A No.- 12202 of 2019 stands released to be listed independently for final hearing as pleadings have been exchanged in the said case.
Order Date :- 13.5.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad