submit that it is a fraud in law if a party makes representation, which he knows to be false, and injury enures therefrom. It is submitted that even misrepresentation itself may amount to fraud and the fraud and justice cannot dwell together. Herein in the case, learned counsel for the petitioners submits that, there is deliberate deception on the part of respondent No.5. It is urged that, the petitioners had, when they received the notice that possession of the land will be handed over to respondent No.3, filed Writ Petition No. 1421 of 2007 raising specific contention that their land was no more required for the purpose of Remote Receiving Station as the said purpose was already satisfied in view of erection of Remote Receiving Station. In the said Writ Petition, by way of affidavit, respondent No.5 has made it clear that they require the land for the expansion of Remote Receiving Station and undertaking was also given that, after receiving possession of the said land, respondent No.5 shall commence the proceeding for removing encroachments on the said land within a period of 3 months and subsequent thereto, commence the process of extension/expansion of existing Remote Receiving Station within a period of 6 months subject to their usual formalities and in a phased manner. It is urged that in view of this specific undertaking given by respondent No.5, the Minutes of Order was passed in the said Writ Petition and the Writ Petition came to be disposed of as withdrawn.
