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1978 Supreme(P&H) 76

HARBANS LAL, BHOPINDER SINGH DHILLON, S.S.SANDHAWALIA
Charanji Lal – Appellant
Versus
Financial Commissioner Haryana, Chandigarh – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The bane of the writ jurisdiction - a calculated and designed suppression of material facts in order to secure admission and interim relief - has come up for pointed attention and adjudication in this case.

2. The facts are now not in serious dispute. The six writ-petitioners are all grandsons of one Moman. They had jointly brought this writ petition to primarily challenge the order of the Collector (Agrarian), Kaithal, district Kurukshetra, dated 17.04.1972 (and the appellate and revisional order upholding the same) whereby he rejected their application, seeking that the area declared surplus in the hands of their predecessor-in-interest Moman deceased be exempted from allotment to the ejected tenants. This relief was sought on the ground that the said land had been subsequently purchased by the petitioners from the vendees of Moman deceased through a preemption suit which was later on decreed in their favour. The Collector vide Annexure P-3 took the view that the area in dispute having been sold after 30.07.1958 by Moman could not be deemed to be a bona fide sale by its original owner. He further held that the decree obtained by the petitioners much
























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