Thallapalli Kiran v. The State Of Telangana

THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.16354 OF 2019 ORDER:

When the matter is taken up for hearing, learned Standing Counsel brought to the notice of this Court that seeking the same relief, petitioner already filed two writ petitions viz., W.P.No.13956 of 2019 and W.P.No.15098 of 2019 and withdrew the same on 17.07.2019 and 24.07.2019 respectively.

2. Learned counsel for the petitioner submits that prayer in those two writ petitions and the present writ petition is different.

3. As seen from the information obtained from website of this Court, in earlier two writ petitions also similar prayers were made and even petitioner's counsel is also same. There is no mention of filing of earlier writ petitions in the affidavit filed in support of the present writ petition, which is nothing but suppression of facts as contended by the learned Standing Counsel.

4. It is unfortunate to note that petitioner's counsel has allowed the petitioner to sworn in the affidavit filed in support of the present writ petition that he has not filed any writ petition earlier in respect of the same cause of action. This is nothing but abusing the process of the Court. Though action needs to be taken against counsel, but he tendered unconditional apology which is accepted for this time keeping in view facts and circumstances of the case.

5. But the petitioner's counsel states that an inadvertent mistake has crept in and the petitioner will not repeat the same in

future and the petitioner may be exonerated for this lapse. It is to be seen that when once the petitioner put his signature on the sworn statement of affidavits which is filed in support of the writ petitions, he cannot plead ignorance of the same. In the circumstances, instead of taking stringent action, the petitioner is imposed to pay costs of Rs.25,000/- (Twenty Five thousands only) in favour of Secretary, High Court Legal Services Committee, High Court for the State of Telangana, High Court Buildings, Hyderabad, within two weeks from the date of receipt of a copy of this order. In default to comply the order, appropriate steps to recover the said amounts shall be taken recourse to by the Secretary, HCLSC.

6. With above directions, the Writ Petition is dismissed. Miscellaneous petitions pending in this case, if any, shall stand closed. No order as to costs.

_______________________ A.Rajasheker Reddy, J 5th August, 2019.

sur/Nrg Note: Communicate this order to the Secretary, HCLSC.

(b/o) Nrg