Allahabad High Court
Prem Kumar Soni And Anr vs Judge Small Causes Court Faizabad And ... on 28 April, 2025
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:24169 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 30963 of 2017 Petitioner :- Prem Kumar Soni And Anr Respondent :- Judge Small Causes Court Faizabad And Ors Counsel for Petitioner :- Santosh Kumar Mehrotra,Ishwar Dutt Shukla Counsel for Respondent :- B.M Pathak,Abhinav Pankaj,Abhishek Khare,Ajay Kishor Pandey,Brihaspati Mani Pathak,Krishna Pratap Singh,Nitin Srivastava,Pankaj Kumar Tiwari,Smt. Shikha Srivastava,Sudhir Kumar Singh,Vaibhav Srivastava Hon'ble Pankaj Bhatia,J.
1. None has appeared for the petitioners even in the revised call.
2. Present petition has been filed seeking quashment of the order dated 22.07.2006 passed in Suit No.27 of 2005 as well as subsequent orders passed for execution of the said compromise decree.
3. Learned counsel for the respondent states that the petitioners had earlier approached this Court by filing a writ petition being Writ Petition No.25045 (M/S) of 2017 which was disposed off on 23.10.2017 and without disclosing the fact of the earlier proceedings, present petition has been filed concealing the material facts.
4. Present petition is liable to be dismissed on two grounds: firstly, that against a compromise decree, a writ would not lie and secondly for concealment of the material facts.
5. As the petitioners have enjoyed an interim order passed by this Court for almost eight years on the basis of facts which were materially concealed, a cost of Rs.1,00,000/- (One Lakh Rupees) is imposed upon the petitioners which shall be paid jointly and severally.
6. District Magistrate, Faizabad shall recover the cost from the petitioners jointly and severally and shall pay the same to respondent no.3 within a period of two months.
7. Let a copy of this order be sent to the trial Court as well as the District Magistrate, Faizaabad for recovery of the cost as arrears of land revenue, and compliance.
8. Present petition stands dismissed in above terms.
Order Date :- 28.4.2025 nishant