This court dismissed a writ petition on the grounds that the petitioner had filed an identical earlier petition in 1997 which was dismissed, and the current petition suppressed that fact. The court held the petition was not maintainable and directed the petitioner to pay costs.
Petitioner directed to pay respondents' costs of Rs. 5000/-.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No. 3057 of 2004
Shri Kisan Ganpat Mhatre ..Petitioner
vs.
1. The State of Maharashtra
and others ..Respondents
Mr.S.M.Sabrad for petitioner
Mr.V.P.Malvankar, A.G.P. for respondents
CORAM: A.P.SHAH
&S.U.KAMDAR JJ.
12th August,2004
P.C.
1. Heard Advocates.
2. Learned A.G.P. has brought to our notice that
the petitioner had earlier filed Writ Petition
No.2350 of 1997 along with two other petitioners
claiming identical reliefs and that petition was
dismissed by this Court on 25th November, 1997 and
this fact was suppressed in the petition. In view
of dismissal of earlier petition, this petition is
clearly not maintainable and hence dismissed.
3. Petitioner is directed to pay cost of the
respondents quantified at Rs.5000/-
2 issues framed by the court
Whether the writ petition is maintainable given the suppression of a dismissed earlier petition.
Whether the court should allow the petition or dismiss it for not maintainability.
Shri Kisan Ganpat Mhatre
The State of Maharashtra
A.P. Shah
S.U. Kamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court