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2013 Supreme(All) 42

S.U.KHAN
PHOOLWATI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
M. Shahanshah Khan for the Petitioners; B.N. Singh, H.N. Singh, Surendra Prasad and C.S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioners and learned standing counsel for respondent Nos. 1 to 4 and Sri H.N. Singh, learned counsel for Shitla Prasad Pandey respondent No. 5, in the writ petition of 2007.

2. The prayer made in the writ petition of 2007 is that respondents may be restrained from dispossessing the petitioners from the agricultural land in dispute and from interfering in their possession. Both the petitioners are influential ladies as petitioner No. 1 is wife of Daya Shanker Tiwari who is Pradhan and petitioner No. 2 is wife of Kamla Shanker, real brother of Daya Shanker Tiwari. With respect to the same land in dispute earlier four more writ petitions (including the second writ petition of 2002 which is being decided through this judgment) had been filed by the same petitioners and through the same counsel, however in this writ petition absolutely no mention was made to those writ petitions. It was material/deliberate concealment of vital fact. The numbers of other three writ petitions are as follows:

(1) Writ Petition No. 1036 of 1985, dismissed as infructuous on 20.2.2005 in view of pendency of Writ Petition No. 16214 of 1991.

(2) Wr





















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