CONSTITUTION OF INDIA, 1950

Article 226

Writ petition - Maintainability - Petitioner sought issuance of direction to Commissioner Investigation to take action on complaint of petitioner against private respondents -

Petitioner sought issue of appropriate writ, in nature of mandamus, directing Commissioner Investigation to forthwith take action on complaint of petitioner. Respondent raised an objection that prayer made by petitioner in writ petition could not be granted as there is no statutory legal right vested on part of the petitioner to make representation for direction to Commissioner Investigation to take action on complaint of petitioner. Held: Petitioner, who sworned affidavit in instant petition, neither stated in writ petition in respect of filing of earlier petitions nor brought to notice of Court. He said that when instant petition was taken up for argument or when arguments were advanced by his counsel, said facts were brought to notice of Court by counsel for opposite party. So, same act was nothing but amounted to suppression of material facts on part of petitioner. Instant writ petition was liable to be dismissed on ground of concealment of facts in respect of filing of earlier writ petitions. Writ petition was dismissed with a cost of Rs. 50,000, to be deposited by petitioner.

Followed:Dalip Singh v. State of U.P. & Ors. ((2010) 2 Supreme Court Cases 114) G. Jayashree v. Bhagwandas S. Patel (2009) 3 SCC 141 K.D. Sharma v. Steel Authority of India Ltd. & Ors. Sail (2008 (12) SCC 481) Prestige Lights Ltd. v. State Bank of India (2007) 8 SCC 449 (SC) : 2007 TaxPub(CL) 0269 (SC) Bhaurao Dagdu Paralkar v. State of Maharashtra & Ors. 2005 AIR 3330 SC State of A.P. & Anr. v. T. Suryachandra 2005 AIR 3110 SC Vice Chairman Kendriya Vidyalaya Sangathan & Anr. v. Girdharilal Yadav (2004) 6 SCC 325 R. Vishwanatha Pillai v. State of Kerala 2004(1) SC 88 Ram Chandra Singh v. Savitri Devi & Ors. (2003) 8 SCC 319 Ram Preeti Yadav v. U.P. Board of High School & Intermediate Education & Ors. 2003 (Suppl.) 3 SCR 352 Vijay Syal & Anr v. State of Punjab & Ors. (2003) 9 SCC 401 United India Insurance Co. Ltd. v. Rajendra Singh & Ors, (2000) 3 SCC 581 Union of India & Ors. v. M. Bhaskaran, G. Radhakrishnan and C Devan 1995 Suppl. (4) SCC 100 A.P. State Financial Corpn v. Gar Re-Rolling Mills 1994 AIR 2151 SC State of Maharashtra v. Prabhu (1994) 2 SCC 481 Smt. Shrisht Dhawan v. M/s. Shaw Brothers 1992 AIR 1555 SC District Collector and Chairman Vizianagaram (Social Welfare v. M. Tripura Sundari Devi (1990) 3 SCC 655 Welcome Hotel v. State of A.P. 1983 AIR 1015 SC Mani Subrat Jain Etc. v. State of Haryana & Ors. (1977) 1 SCC 486 Umakant Saran (D.R.) v. State of Bihar (1973) 1 SCC 485) Praga Tools Corpn. v. C.V. Imanual (1969) 1 SCC 585 (SC) : 1969 TaxPub(CL) 0072 (SC) State of Mysore & Ors. v. K.N. Chandrasekhara & Ors. 1965 AIR 532 SC S. Pratap Singh v. The State of Punjab 1964 AIR 72 SC Rajabhai Abdul Rehman Munshi v. Vasudev Dhanjibhai Mody 1964 AIR 345 SC The State of Madhya Pradesh v. G.C. Mandawar 1954 AIR 493 SC Charanjit Lal Chowdhury v. Union of India 1951 AIR 41 SC Tan Bug Taim v. Collector of Bombay 1946 AIR 216 Bom

REFERRED : Dhan Prakash Budhraja v. U.P. Pollution Control Board Lucknow Through Member Secy. & Ors. [Misc. Bench No. - 1008 of 2020, dt. 27-1-2020] Dhan Prakash Budhraja v. Chief Fire Safety Officer Pancham Tal Indira Bhawan Lko. & Ors. [Misc. Bench No. - 1053 of 2020, dt. 27-1-2020] Dhan Prakash Budhraja v. U.P. Power Corporation Ltd. Through Managing Director & Ors. [Misc. Bench No. - 1281 of 2020, dt. 18-1-2020] Dhan Prakash Budhraja v. Director, Enforcement Directorate, New Delhi & Others. [Misc. Bench No. - 1310 of 2020, dt. 18-1-2020] Dhan Prakash Budhraja v. Lucknow Nagar Nigam Lucknow Office Lalbagh Lko. & Ors. [Misc. Bench No. - 1230 of 2020, dt. 17-1-2020]

SUBSCRIBE FOR FULL CONTENT