Allahabad High Court
SHIV KARAN AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed for concealment of material facts, with exemplary costs imposed on the petitioners.
Summary
The petitioners filed a writ petition under Article 226 of the Constitution alleging certain relief. The respondents contended that the petitioners had concealed material facts, specifically a related writ (Writ C No.39926 of 2025) and the pendency of S.A. No.220/26 with an order dated 03.09.2026. The court examined these allegations and concluded that the concealment was material and amounted to abuse of the judicial process. Consequently, the court dismissed the writ petition, imposed exemplary costs of Rs.1,000 on the petitioners, and directed compliance with payment and possible contempt proceedings if the cost is not paid. The order also directed the registrar to inform the District Magistrate of Siddharthnagar.
Issues considered
- Whether concealment of material facts by petitioners warrants dismissal of a writ petition under Article 226
- Whether exemplary costs can be imposed for such concealment
Subjects
- Article 226
- writ petition
- concealment of material facts
- exemplary costs
- contempt proceedings
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39289 of 2026
Shiv Karan And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Awadhesh Kumar Yadav
Counsel for Respondent(s) : Amrish Sahai, C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. It is informed by Sri Amrish Sahai, learned counsel for the
respondent nos.3 & 4 that several facts has been concealed by the
petitioners in the present writ petition namely (1) filing of the Writ C
No.39926 of 2025 (Tridev Nishad Vs. Indian Bank Zonal Office
Gorakhpur Prashant Tower and another) in which judgement was
delivered on November 15, 2025 (2) pendency of the S.A. No.220/26
in which an order was passed on 03.09.2026 fixing 05.10.2026 and
other material facts. Hence a prayer has been made to dismiss
present writ petition imposing exemplary costs and also initiate
contempt proceedings against the petitioners.
2. At this point of time a prayer has been made by counsel for the
petitioners to dismiss present writ petition as not pressed.
3. Since material facts has been concealed by the petitioners while
approaching this Court under Article 226 of the Constitution of India,
present writ petition is dismissed imposing cost of Rs.1,000/-, which
shall be deposited by the petitioners in favour of High Court Bar
Association, Allahabad within two weeks from today and further
submit the receipt of deposit before the respondent no.2-District
Magistrate/Collector, Siddharth Nagar. However, in case aforesaid
cost is not deposited by the petitioners within the period stated above,
the respondent no.2 is directed to initiate proceedings for recovery of
aforesaid amount from the petitioners within one month.
WRIC No. 39289 of 2026
2
4. Registrar (Compliance) is directed to communicate copy of this
order to District Magistrate, Siddharthnagar/respondent no.2 within
three days.
(Vivek Saran,J.) (Prakash Padia,J.)
September 29, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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