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TMI Blog2019 (1) TMI 2050X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned notice was issued only after the challenge to the eviction order was rejected and the order of eviction had attained finality. It is pertinent to note that the Petitioners have challenged the notice without disclosing these material facts viz. issuance of show cause notice or passing of eviction order as well as dismissal of appeal and revision by the concerned authority either in the appeal before the Collector or in the present petition. The Petitioners have filed the petition alleging that the action proposed by impugned order/notice is contrary to the circular dated 3.4.2018. A writ remedy being equitable one, the person invoking writ jurisdiction has to come with clean hands. In the instant case the Petitioners having appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quo till the next date i.e. 28.1.2019. 3. On 28.1.2019 Mr. Samdhani, the learned senior counsel for the Respondent No.4 stated that ad interim relief was obtained by suppressing the material facts. Hence, the matter was listed today for hearing. 4. The Petitioners herein have challenged the notice dated 23.1.2019 whereby the Respondent No.2 Competent Authority directed the Petitioners to vacate the premises within 48 hours, failing which they would be evicted on 28.1.2019. The Petitioners filed an appeal before the Respondent No.1 Additional Collector. The Petitioners had approached this court alleging that the Additional Collector had orally declined to grant the stay. The ground of challenge in the appeal before the Additional Collector a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.2018. Shri Samdhani, the learned senior counsel for the Respondent No.4 submits that this circular has been superseded by the circulars dated 8th August, 2018 and 15th November, 2018 and a reference to these circulars was made in the impugned notice. It is thus, evident that the Petitioners have 'obtained' ad interim relief by suppression of material facts and by misleading the Court. The Petitioners have thus abused the process of court. 8. A writ remedy being equitable one, the person invoking writ jurisdiction has to come with clean hands. In the instant case the Petitioners having approached the Court with unclean hands are not entitled for any equitable relief. The conduct of the Petitioners needs to be deprecated. The Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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