This petition under Article 226 of the Constitution of India has

been filed seeking following reliefs :-

3 MP No.2358/2021

“That, it is therefore prayed that Hon’ble Court be

pleased to set aside the order under challenge dated

02.07.2021 (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.”

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 I^st 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.

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 02.07.2021 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.

Considered the submissions made by the counsel for the parties.

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

4 MP No.2358/2021

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

02.07.2021 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.

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 & Ors. Vs. Karamveer Kakasaheb Wagh Education Society

& 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

02.05.2003 was undoubtedly not filed, its existence

was not material in view of subsequent developments

that had taken palce. 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 petitioners have not clearly

disclosed the facts and circumstances in which the

order dated 2-5-2003 was passed or that it has attained

finality.

5