A writ petition is liable to be dismissed at the threshold when the petitioner purposefully conceals material facts, such as the pendency of parallel civil litigation and the rejection of interim relief, as it constitutes an abuse of the court's process and a failure to approach the court with clean hands.

HARSH BUNGER, J. (ORAL)

1. Prayer in this civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside show cause notice dated 28.08.2025 (Annexure P-15); demolition order dated 12.09.2025 (Annexure P-18) as well as order dated 29.04.2026 (Annexure P-20), passed by learned District Municipal Commissioner, District Gurugram (in short 'Commissioner').

2. Petitioners claim that they are absolute owner in possession of Ahata No. 30, 31 bearing House No. 55 and 56, situated within Abadi Lal Dora of village Berka, Tehsil Sohna, District Gurugram since the time of their forefathers.

2.1 It is further averred that petitioners are also co-owners in possession of area comprised in Rect. No. 26, Killa No. 3, 4, 5, 6 and 7, measuring 2 Kanal – 16 Marla, which is recorded as gair mumkin abadi in Jamabandi for the year 2008-09 (Annexure P-1) and also in the Jamabandi for year 2023-24 (Annexure P-2).

2.2 It is stated that upto year 2013, village Berka was governed by Gram Panchayat. The aforesaid area of village Berka was included within the limits of Municipal Committee, Sohna, vide Government Notification dated 09.06.2014 (Annexure P-3).

2.3 Petitioners claim that they are in possession of their properties bounded by the boundary wall, constructed on Ahata No. 30, 31 bearing House No. 55 and 56 of Lal Dora area, comprised in Rect. No. 26, Killa No. 5 and 6 since prior to inclusion of said area in municipal limits of Sohna.

2.4 It appears that petitioner No. 1 (Pritam Khatana) filed a civil suit (CS-312-2020) before learned Additional Civil Judge (Senior Division), Sohna, seeking permanent injunction against Municipal Council, Sohna for restraining them from carving out/constructing a passage/road in the property bearing No. Ahata No. 30, 31; wherein vide order dated 23.10.2020 (Annexure P-5), the defendants were restrained from raising construction in the form of passage over the property in question.

2.5 It is averred that in the intervening night of 26.03.2025, some persons, namely, Raj Kishore, Ram Kishore, Krishan etc. demolished the backyard boundary wall of property constructed on Ahata No. 30, 31 as well as area comprised in Rect. No. 26, Killa No. 5 and 6; whereupon a case FIR No. 120 dated 27.03.2025 (Annexure P-6) was registered.

2.6 It is also averred that during the pendency of aforesaid civil suit (CS-312-2020), the employees of Municipal Council, Sohna (respondent No. 5) prepared a false and frivolous report, trying to provide passage in aforesaid property of petitioners by visiting the spot; whereupon the petitioners filed an application under Order 39 Rule 2-A of Code of Civil Procedure, 1908.

2.7 It transpires that one Shri Suraj filed a suit (CS-156-2025) against petitioners herein and other persons, seeking injunction for restraining them from changing the nature of suit property and also from raising construction in respect of area measuring 2 Kanal – 16 Marla, comprised in Rect. No. 26, Killa No. 3 to 7.

2.8 It appears that a stay application filed in the aforesaid civil suit (CS-156-2025) was dismissed, vide order dated 08.05.2025 (Annexure P-10).

2.9 Apparently, Municipal Council, Sohna issued a notice dated 05.08.2025 (Annexure P-11), the relevant extract of which reads as under :-

“It is written to you that office of Municipal Council, Sohna has received a complaint from the office of District Town Commissioner. It is stated in the complaint that you have closed the public Rasta/passage, which since last so many years was being used by public as Rasta, which you have closed by raising wall. T