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2012 DIGILAW 2 (ORI)

Basanta Kumar Bhola v. State of Orissa

2012-01-02

M.M.DAS

body2012
ORDER 02.01.2012 - Heard. The petitioner in the present writ application has sought for quashing Annexure-4, which is an order dated 13.01.2011 passed by the Commissioner of Endowments constituting the interim trust board for Sri Gelabai Thakurani @ Duladei Thakurani Beje, Andarpur at Nayabazar, Cuttack, on the ground that the petitioner was not offered with an opportunity to file any objection before constitution of the said interim trust board. The Commissioner, by the impugned order constituted the interim trust board by exercising the power under Section 7 of the OHRE Act for a period of one year or till constitution of a regular trust board under Section 27 of the said Act, whichever is earlier. Dr. A.K. Rath, learned counsel appearing for the Commissioner of Endowments submits that the writ application should be dismissed in limine, as the petitioner has suppressed the material facts before this Court thereby has attempted to mislead the Court. He specifically points out to the cause title page of the writ application, where the writ application filed under affidavit of the petitioner states that "the matter out of which this writ application arises was never before this Hon'ble Court in any form what so-ever." Dr. Rath produces the copy of the writ application in W.P.(C) No.5951 of 2011 filed by the petitioner, wherein the same order passed by the Commissioner of Endowments was challenged having been made as Annexure-4 to the said writ application and, this Court, finding that the petitioner has filed a representation before the Commissioner of Endowments, by order dated 10.05.2011, directed as follows :- . "Since the deities have not been impleaded as parties, this writ petition cannot be entertained. However, considering the submission made by the learned counsel for the petitioner and after hearing learned counsel for the parties and the learned counsel for the opp.parties, the Commissioner of Endowment-opp.party No.1 is directed to cause an enquiry as to whether the allegation made by the petitioner that whether two deities, namely, Sri Gelabai Thakurani and Duladei Thakurani are separate deities or one deity, being known as Sri Galebai Thakurani @ Duladei Thakurani, and to take appropriate steps, if he finds that there are two separate deities by restricting Annexure-4 to one of the said deities. The Commissioner of Endowments shall do well to cause an enquiry expeditiously. The writ petition is accordingly disposed of." Mr. The Commissioner of Endowments shall do well to cause an enquiry expeditiously. The writ petition is accordingly disposed of." Mr. Mishra, learned counsel for the petitioner submits that in the present writ application, no relief is sought to quash Annexure-4, but for a direction to dispose of the representation made by the petitioner before the opposite party No.2. However, it appears that the petitioner having once approached this Court, being aggrieved by Annexure-4 and having not whispered a single word in the writ application about the previous writ application filed by him has not come with clean hands and rather has attempted to suppress material facts before this Court. It is trite law that the writ jurisdiction being an equitable remedy, the petitioner is required to come with clean hands, while seeking to invoke such jurisdiction. The Court, if finds that there is suppression of material facts by the petitioner, such petition is liable to be dismissed, if required, by imposing exemplary cost. The writ application is, therefore dismissed with a cost of Rs.5,000/- (Rupees five thousand) on the petitioner to be paid to the State - opposite party No.1. Urgent certified copy of this order be granted as per rules. Application dismissed.