JUDGMENT :

The Court cannot remain a silent spectator to fraud and blatant abuse of process of law perpetrated by a party trying to reagitate and re-litigate the issue which already stands tried and decided against him. Fraud would vitiate all proceedings is what stands held by the Hon’ble Apex Court in Satluj Jal Vidyut Nigam Versus Raj Kumar Rajinder Singh (Dead) through legal representatives and others (2019) 14 SCC 449.

2. Incidentally, this Court is called upon to adjudicate the instant lis covering the very same issue.

3. To the Court's consideration, petitioners have not only filed the instant petition agitating the issue, already decided in an earlier round of litigation, but have also misled this Court in passing an interim order, resulting into a considerable delay of execution of a public work of immense importance. Not only that, petitioners have also taken a self-contradictory and mutually destructive plea and stand. Even, they have attempted to illegally claim compensation of a higher amount with the change of position in law.

4. For the construction of the western Kosi Sakari-Jhanjharpur Canal popularly known as ‘Dumariyahi Sub Distributory', the land was acquired by the