1 CGHC010267342026 2026:CGHC:35770-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 693 of 2026 Goverdhan Mourya S/o Kailash Chandra Mourya, Aged About 34 Years R/o Village Waspani Godiyapal Police Station Bhanpuri District Bastar Chhatisgarh. ... Appellant versus 1 - State Of Chhattisgarh Through The Secretary Home Police Department, Mahanadi Bhawan Mantralaya Atal Nagar New, Raipur District Raipur Chhattisgarh. 2 - The Inspector General Of Police Bastar Range Lalbag -Jagdalpur District Bastar Chhattisgarh. 3 - The Superintendent Of Police Bastar Jagdalpur District Bastar Chhattisgarh. 4 - The Sub Divisional Officer Police Keshlur, District Bastar Chhattisgarh. ... Respondents For Appellant : Mr.Sushil Dubey, Advocate For Respondents : Mr.P.K.Bhaduri, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.08.13 17:22:38 +0530 2 Per Ramesh Sinha , Chief Justice 13.08.2026 1. Heard Mr.Sushil Dubey, learned counsel for the appellant as well as Mr.P.K. Bhaduri, learned Deputy Advocate General appearing for the respondents/State. 2. It is borne out from the record that the appellant had earlier preferred Writ Appeal No. 446/2026 against the order dated 09.12.2025 passed by the learned Single Judge in WPS No. 691/2021 (Goverdhan Mourya v. State of Chhattisgarh and Others), whereby the writ petition preferred by the appellant through learned counsel Mr. Vikash A. Shrivastava, Advocate, was dismissed. The said writ appeal was filed with a delay of 62 days and was dismissed by this Court vide judgment dated 13.05.2026 on the ground of delay and laches. However, while preferring the present Writ Appeal No. 693/2026 (Goverdhan Mourya v. State of Chhattisgarh and Others), also with a delay of 164 days, through learned counsel Mr. Sushil Dubey, Advocate, the appellant has failed to disclose the factum of filing of the earlier writ appeal and its dismissal. Such suppression of a material fact, having a direct bearing on the maintainability of the present appeal, amounts to an abuse of the process of law and disentitles the appellant from seeking any indulgence of this Court. 3. The conduct of the appellant in suppressing the aforesaid material fact and seeking to reagitate the same matter, despite the dismissal of the earlier writ appeal, amounts to a clear misuse and abuse of the 3 process of law. The appellant has not approached this Court with clean hands and has attempted to revive an issue which had already been adjudicated upon in the earlier proceedings. Such conduct cannot be countenanced and deserves to be deprecated. The present appeal, therefore, warrants dismissal with exemplary costs, so as to discourage such misuse of the judicial process and prevent repeated litigation on the same cause of action. 4. In view of the aforesaid suppression of material facts and the conduct of the appellant in seeking to reagitate the matter despite the dismissal of the earlier writ appeal, the present writ appeal is liable to be dismissed with exemplary costs. Accordingly, the present writ appeal is dismissed with costs of Rs. 50,000/- (Rupees Fifty Thousand only). The appellant shall deposit the aforesaid amount in the Registry of this Court within a period of one month from the date of this order. In the event of failure to deposit the said amount within the stipulated period, the Registrar General of this Court shall recover the same from the appellant as arrears of land revenue, in accordance with law, and the amount so recovered shall transmit to the Government Multi- Handicapped Special School, Bagbahra, District Mahasamund (C.G.), and the Government Special School for Intellectual Retardation, Rajnandgaon, District Rajnandgaon (C.G.), respectively in equal proportion. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu