Litigants must approach the court with clean hands and full disclosure; failure to do so constitutes an abuse of process, justifying dismissal of the petition.

JUDGMENT

Vikram Aggarwal, J.

Industrial Plot No.483 situated in Phase/Block/Sector-8, Industrial Estate IMT-Manesar (hereinafter to be referred to as the "disputed plot") was purchased by the petitioner from its original allottee M/s Sunbeam Construction Private Limited, pursuant to which re-allotment letter dated 01.07.2011 (Annexure P-1) was issued in favour of the petitioner. Agreement dated 22.06.2011, as is evident from the re-allotment letter, was also executed. The disputed plot was however resumed vide order dated 13.03.2020 (Annexure P-2), on account of non-payment of enhanced costs of Rs. 1 crore (approximately), the details of which were given in the resumption order. The appeal against the said order was dismissed on 10.01.2023 (Annexure P-9).

2. In between the petitioner had twice approached this Court. The first writ petition that had been filed was CWP-14304-2022, wherein the petitioner had sought stay of the resumption order during the pendency of the appeal. The said writ petition was disposed of on 08.07.2022 (Annexure P-6), giving liberty to file an appeal before the correct authority upon a statement having been made by the State counsel that the appeal had been filed by the petitioner before an incorrect forum and was, therefore, untraceable.

3. The petitioner again knocked the doors of this Court by way of CWP-14038-2022, seeking a direction to the respondents to re-calculate the enhanced amount demanded by them. This writ petition was also disposed of vide order dated 14.07.2022 (Annexure P-7), with a direction to the appellate authority to go into the issue of the amount of enhanced compensation being demanded from the petitioner.

4. Assailing the resumption order and the order passed by the appellate authority, the petitioner has once again knocked the doors of this Court by way of the instant petition.

5. Learned counsel representing the petitioner strenuously urged that the impugned orders are not sustainable. Reference was made to a number of judgments cited in the writ petition and efforts were made to convince this Court that the order of resumption and the order passed by the appellate authority are not sustainable.

6. Sh. Ankur Mittal, learned counsel representing the respondents, at the outset, placed before us a copy of judgment dated 17.04.2023 passed by a coordinate Bench in CWP-7715-2023 titled as M/s DRS Plastchem Pvt. Ltd. v. State of Haryana and others, wherein the petitioner had challenged the very same orders and the writ petition had been dismissed. It was submitted that the instant writ petition is a gross abuse of the process of law and that non-disclosure of the fact of an earlier writ petition having been dismissed on merits amounts to concealment of vital facts and the writ petition deserves to be dismissed on this ground alone.

7. To this, learned counsel representing the petitioner submitted that he was never apprised about this fact by the petitioner.

8. We have given our thoughtful consideration to the issue in hand.

9. Admittedly, CWP-7715-2023 was filed by the petitioner in which the petitioner had challenged the resumption order dated 13.03.2020 and order dated 10.01.2023 passed in appeal. The matter was argued on merits and the petition was dismissed on 17.04.2023 by a coordinate Bench of this Court. Paragraphs 1, 13 and 14 would be relevant for the purposes of the present petition:-

"1. The petitioner has approached this Court praying for:-

Issuance of a writ of certiorari for quashing of the resumption order dated 13.03.2020 (Annexure P- 3) passed by respondent No.3 as well as quashing of order of the Appellate Authority dated 10.01.2023 (Annexure P-11) and further prayed for directing the respondents to restore the resumed site in favour of the petitioner.

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13. In view of the above discussion, the facts and circumstances of the case warrant no interference only on the ground of violation of the principles of natural justice, especially in the background of the