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2021 (12) TMI 1439 - SC - Indian LawsCancellation of allotment of Sites allotted in favour of Respondent Nos. 5 and 6 respectively in the layout known as Binnamangala 2nd Stage - enhancement of compensation pursuant to which Additional Land Acquisition Officer (Addl. LAO) referred the matter to the Civil Court Under Section 18 of the Land Acquisition Act, 1894 - HELD THAT:- The documents produced by the BDA would clearly disclose that the entire extent of 5 acres 9 guntas of land including 12 guntas of kharab-B land was notified for acquisition. M. Krishna Reddy, the father of the Appellants, claimed to be the owner of 1 acre 26 guntas of lands in the said survey number and it was further contended that 1 acre and 18 guntas have been acquired and 8 guntas was left out from the acquisition - The appeal filed against the said judgment of the trial court was also dismissed by the High Court. The Appellants have not disclosed the filing of the suit, its dismissal by the Civil Court and the confirmation of the said judgment by the High Court in the writ petition. It is clear that the Appellants have suppressed these material facts which are relevant for deciding the question involved in the writ petitions. Thus, the Appellants have not come to the court with clean hands. It is well-settled that the jurisdiction exercised by the High Court Under Article 226 of the Constitution of India is extraordinary, equitable and discretionary and it is imperative that the Petitioner approaching the writ court must come with clean hands and put forward all facts before the Court without concealing or suppressing anything. A litigant is bound to state all facts which are relevant to the litigation. If he withholds some vital or relevant material in order to gain advantage over the other side then he would be guilty of playing fraud with the court as well as with the opposite parties which cannot be countenanced. This Court in PRESTIGE LIGHTS LTD. VERSUS STATE BANK OF INDIA [2007 (8) TMI 446 - SUPREME COURT] has held that a prerogative remedy is not available as a matter of course. In exercising extraordinary power, a writ court would indeed bear in mind the conduct of the party which is invoking such jurisdiction. If the applicant does not disclose full facts or suppresses relevant materials or is otherwise guilty of misleading the court, the court may dismiss the action without adjudicating the matter. In UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA & ANR VERSUS STATE OF U.P. AND ORS [2007 (12) TMI 453 - SUPREME COURT], this Court has reiterated that the writ remedy is an equitable one and a person approaching a superior court must come with a pair of clean hands. Such person should not suppress any material fact but also should not take recourse to legal proceedings over and over again which amounts to abuse of the process of law. In the instant case, since the Appellants have not disclosed the filing of the suit and its dismissal and also the dismissal of the appeal against the judgment of the civil court, the Appellants have to be non-suited on the ground of suppression of material facts. They have not come to the court with clean hands and they have also abused the process of law. Therefore, they are not entitled for the extraordinary, equitable and discretionary relief. Survey No. 13 measures 5 acres 9 guntas, out of which 12 guntas were kharab-B land. Notification in respect of the entire 5 acres 9 guntas had been issued and possession of the land had been taken long back. The contention of the Appellants is that their father, M. Krishna Reddy, was the owner of 1 acre 26 guntas of land in Survey Nos. 13/2 and 13/4. According to them, 08 guntas of land has not been acquired and compensation has not been paid in respect of this land. Records produced by the BDA would disclose that 08 guntas of land is kharab-B land - there is no question of payment of compensation in respect of this land, though, the same was included in the preliminary and final notification. The final notification was issued as early as in the year 1967. The Appellants have claimed enhanced compensation also for 1 acre 18 guntas of land and they have raised this issue at a highly belated stage after lapse of about 34 years. This finding of the High Court has attained finality and the writ court cannot sit in an appeal over the judgment passed by the High Court in the appeal. The conclusions reached by the court in the appeal are binding on the Appellants. There are no merit in these appeals and the same are accordingly dismissed.
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