Excelsior Correspondent
JAMMU, Dec 18: High Court of Jammu & Kashmir and Ladakh today imposed cost of Rs one lakh on petitioner Mohammad Rajab Dar for concealing facts.
The petitioner filed petition seeking quashment of order dated 27th October 2016, passed by Tehsildar Chanapora and with the prayer to prohibit respondents from forcibly carving out an approach road through proprietary property of petitioner covered under Survey No.286 of revenue estate Hyderpora.
After hearing both the sides, Justice Vinod Chatterji Koul observed, “instant writ petition has been presented before the Registry of this court on 1st February 2017. It is stated by petitioner in writ petition that he has no other effective, efficacious, speedy and alternative remedy available except approaching this court and he has not filed any other writ of akin nature before this court or any other court”.
“It is very startling that petitioner has made and given false statement(s) in writ petition, supported by an affidavit, by saying that he has no other effective, efficacious, speedy and alternative remedy available except to approach this court with writ petition on hand. He has also affirmed on oath that he has not filed any writ before any other court of law. But the petitioner in the year 2016 filed an appeal before Deputy Commissioner, Srinagar, against same Order dated 27th October 2016, which is impugned before this court in present writ petition”, Justice Koul said.
“The petitioner has even obtained order dated 3rd November 2016, by which order dated 27th October 2016 has already been stayed by the office of Deputy Commissioner, Srinagar, with a further direction to maintain status quo on spot. All these important, pivotal and imperative facts have been concealed, hidden and suppressed by petitioner before this court while filing instant writ petition”, High Court said.
“Such an approach of petitioner is un-condonable. If such a practice is permitted to be committed by litigants, it will smash the whole justice delivery system”, High Court said and while dismissing the petition imposed a cost of Rs one lakh on the petitioner to be deposited within one month.
“In the event petitioner fails to deposit Rs one lakh before the Registry of this court, the Registrar Judicial, High Court of J&K and Ladakh shall initiate proceedings for recovery of costs by taking appropriate steps as may be required in this regard”, read the order.
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