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.

ORDER :

SANJEET PUROHIT, J.

1. The present matter came up for consideration of the application filed under Article 226(3) of the Constitution of India for vacation of the interim order dated 19.12.2024.

2. At the request of counsel for the parties, the matter is taken up for final disposal.

3. The petitioners have preferred this writ petition inter alia praying for quashing of the Public Notice dated 06.12.2024, whereby the Shop Nos. A-2 to A-5 were put to auction to be given on rent by the Gram Panchayat, Geejgarh, Panchayat Samiti Sikrai, District Dausa (hereinafter referred to as "respondent - Gram Panchayat"), so also for a direction to be issued to the respondents to hand over the Shop Nos. A-2 & A-4 (hereinafter referred to as "shops in question") to the petitioners back on the same rent.

4. Counsel for the petitioners stated that the Shop Nos. A-4 & A-2 were given on rent by the respondent - Gram Panchayat since year 2001-02 and the petitioners duly paid rent to the respondent - Gram Panchayat.

4.1 On 06.02.2024, the respondent No. 4 by issuing a notice directed the petitioners to hand over the possession of the shops in question as the shops in question were in dilapidated condition requiring repair and maintenance. Direction was also given to make payment of due rent. It was mentioned in the notice, that after undertaking the repair work, the shops in question will be handed over back to the petitioners.

4.2 The petitioners stated that in pursuance of the said notice, the shops in question were handed over to the respondent - Gram Panchayat and repair work had already completed. However, respondent - Gram Panchayat instead of handing over the shops in question back to the petitioners, has issued impugned Public Notice dated 06.12.2024 and proposed to give shops in question on rent through auction. Challenging the said public notice dated 06.12.2024, the present writ petition has been filed.

5. This Court while considering the statements made on behalf of the petitioners, has passed an interim order dated 19.12.2024 and stayed the auction of the subject shops in pursuance to the Public Notice dated 06.12.2024.

6. The respondents filed detailed reply and also filed application under Article 226(3) of the Constitution of India for vacation of the interim order dated 19.12.2024.

7. Representing the respondents, counsels Mr. Kapil Prakash Mathur, AAG as well as Mr. M.S. Raghav have vehemently submitted that the writ petition suffers from the vice of concealment of material facts. The petitioners have not come with clean hands before this Court as not only several material facts have not been disclosed but false averments have been made in the writ petition, just view a view to mislead the Court. The counsels stated that the following material facts were not disclosed by the petitioners.

7.1 It is argued that after initial notice dated 06.02.2024, several reminders on 20.02.2024 and 05.03.2024 were issued to the petitioners but the petitioners have never vacated the shops in question. However, the said fact has not been disclosed.

7.2 Counsel for the respondents submitted that the petitioners along with other shop holders have preferred civil suit challenging the notices issued by the respondent - Gram Panchayat. The competent civil court vide its Order dated 25.04.2024 has dismissed the application filed under Order XXXIX Rule 1 & 2 of C.P.C. The Misc. Appeal under Order XLIII Rule 1(r) of C.P.C. filed on behalf of the petitioners, challenging the order dated 25.04.2024, was also dismissed by the court of Additional District Judge, Sikrai, District Dausa vide order dated 10.05.202