ORDER :

Gurpal Singh Ahluwalia, J.

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :—

“That, it is therefore prayed that Hon’ble Court be pleased to set aside the order under challenge dated 2-7-2021 (Annexure-P/11) passed by learned Commissioner, Sagar Division, Sagar and impugned order dated 28-12-2017 (Annexure-P/7) passed by Additional Collector, Chhattarpur, in the interest of justice.

Any other relief or direction which this Hon’ble Court deems fit may also be granted to the petitioner.”

2. A preliminary objection is raised by learned counsel for respondent that the petition suffers from suppression of material facts. The petitioners have already filed a civil suit before the Court of Ist Civil Judge, Class-I, Chhatarpur in the year 2020 itself and had also prayed for declaration of order dated 28-12-2017 passed by the Additional Collector, Chhatarpur in Appeal No. 23/Appeal/Nazul/B-121/2016-17 as null and void. However, the said fact has been suppressed by petitioners. Thus, it is submitted that petition be dismissed with heavy costs.

3. It is fairly considered by counsel for the petitioners that civil suit is already pending and by mistake the said fact was not mentioned. However, counsel for petitioners tried to convince this Court by referring to order dated 2-7-2021 passed by Commissioner, Sagar Division, Sagar in Appeal No. 0158/Appeal/2019-20 by pointing out that in the said order there is a reference of pendency of civil suit therefore, it cannot be said that there is a material suppression.

4. Considered the submissions made by the counsel for the parties.

5. This petition was filed in the year 2021 i.e., during the pendency of civil suit. The order dated 28-12-2017 passed by the Additional Collector, Chhatarpur in Appeal No. 23/Appeal/Nazul/B-121/2016-17 is subject matter of this petition and is also subject matter of the suit. Under these circumstances, it was obligatory on the part of petitioners to disclose the pendency of the civil suit. However, admittedly, that has not been done. The only explanation given by counsel for petitioners is that since there is already a reference of civil suit in the order dated 2-7-2021 passed by Commissioner, Sagar Division, Sagar in Appeal No. 0158/Appeal/2019-20, therefore, the non-mentioning of pendency of civil suit cannot be said to be material suppression.

6. Now, the only question for consideration is as to whether this Court is required to go through each and every word of the writ petition and the documents or it is the duty of the petitioner to disclose the facts in the writ petition as well as to disclose the facts during the course of arguments. The Supreme Court in the case of Bhaskar Laxman Jadhav and Ors. v. Karamveer Kakasaheb Wagh Education Society and Ors. , reported in (2013) 11 SCC 531 has held as under :—

“43. The learned counsel for the petitioners submitted that no material facts have been withheld from this Court. It was submitted that while the order dated 2-5-2003 was undoubtedly not filed, its existence was not material in view of subsequent developments that had taken place. We cannot agree.

44. It is not for a litigant to decide what fact is material for adjudicating a case and what is not material. It is the obligation of a litigant to disclose all the facts of a case and leave the decision-making to the Court. True, there is a mention of the order dated 2-5-2003 in the order dated 24-7-2006 passed by the JCC, but that is not enough disclosure. The pe