Second Writ on Same Subject without Disclosing Pending Litigation: Andhra Pradesh HC Imposes Rs. 1 Lakh Cost, Initiates Criminal Contempt Action
The Andhra Pradesh High Court, passed a judgement by dismissing a 2nd writ petition filed by the petitioner against the same respondents & for the same relief, observed that the filing of the 2nd writ petition amounted to abuse of the process of the Court. This was seen in the case of P. Ranga Rao v. State of Andhra Pradesh (Writ Petition No. 33403 of 2022) & the case was presided over by the Coram of Honourable Mr. Justice Ravi Nath Tilhari.
FACTS OF THE CASE:
The petitioner had approached the HC praying for the issuance of the writ of mandamus directing the authorities to put an end to the unauthorized construction of certain commercial shops & proclaim their inactivity on the petitioner’s earlier characterization as illegal & violative of the provisions of the Andhra Pradesh Municipal Corporation Act, Andhra Pradesh Urban Areas Development Act, also the Articles 14 & 21 of the Constitution.
The Court took note of the fact that the same petitioner had earlier proceed a petition with respect to the same cause of action & for the same reliefs against the same respondents, although through a different counsel. Moreover, in his affidavit which was filed in favour of the 2nd petition, the petitioner had pointedly expressed that he had not filed any suit or writ or any proceeding before any court or Tribunal, nor any writ or suit is pending before court or Tribunal want to get the relief in this writ petition.
JUDGEMENT
The petitioner contend that he was not conscious of filing of the earlier writ petition, claiming that he had handed the relevant papers to the counsel & that the filing of the earlier writ petition was not to his awareness.
Rejecting the statements offered by the petitioner as a mere afterthought, the bench said
“Filing of the 2nd petition without disclosing about the 1st petition on the similar subject by the same petitioner is an abuse of the proceeding of the Court & striving to get an order which might have been in his favour, in conflict to the previous order passed in WP.No.32260 of 2022 The fact of filing & pendency of the earlier WP.No.32260 of 2022 is a material fact & suppression or concealment of such fact is impermissible to the litigant & even as technique of advocacy. Filing of the false affidavit by the petitioner is an evil & deserves to be curved with strong hand to preserve the purity of the judicial administration
Accordingly the single bench imposed cost of Rs. 1 lakh on the petitioner for abusing the process of the Court to be deposited within 1 month with the Andhra Pradesh State High Court Legal Services Authority. In the separate order, the bench also took action of criminal contempt proceedings against him.
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JUDGEMENT REVIEWED BY YAKSHU JINDAL.