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RAVI NATH TILHARI
BELLAMKONDA VENKATA NARAYANA – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent
JUDGMENT :
1. Heard Sri T.Sai Surya, learned counsel for the petitioners and learned Government Pleader for Municipal Administration for the respondent No.1, Sri G.Naresh Kumar, learned counsel, representing Sri M.Manohar Reddy, learned Standing Counsel for the respondent No.2 and Sri I.Koti Reddy, learned Standing counsel for the respondent No.3.
2. All the petitioners, except petitioner Nos.3, 4 and 14, are present in person represented by their counsel Sri T.Sai Surya, who represents that those petitioner Nos.3, 4 and 14 could not appear due to health issues. Their personal presence is dispensed with.
3. The presence of the petitioners was directed by order dated 22.11.2022, in view of the fact that in the writ petition a clear statement was made on affidavit that the notices/orders impugned in the writ petition were not preceded by any show cause notice.
4. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
Suppression of material facts and failure to join necessary parties render a writ petition untenable; fraud on the court mandates dismissal of the case.
A writ petition is liable to be dismissed at the threshold when the petitioner purposefully conceals material facts, such as the pendency of parallel civil litigation and the rejection of interim rel....
Challenging a Show Cause Notice invoking a court's writ jurisdiction is premature and discouraged by the mandate of the law. A Show Cause Notice does not give rise to a cause of action unless there i....
The main legal point established in the judgment is that a petitioner cannot initiate parallel proceedings on the same subject matter by filing a writ petition while already having initiated an appea....
Petitioners' failure to disclose material facts and misleading statements led to the dismissal of the writ petition, demonstrating the necessity of 'clean hands' in equitable relief.
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