IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNSDAY, THE TWENTIETH DAY OF JULY, TWO THOUSAND AND ELEVEN WRIT PETITION No.3638 of 2008 Between: Dhanuri Satyanarayana. … Petitioner And The District Collector, Khammam and others. … Respondents Counsel for the petitioner: Sri M.M.M.Srinivasa Rao. Counsel for the respondents: GP for Land Acquisition for R.1 & R.2. Sri P.V.Ramana for R.3 and R.4. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in taking steps to release the compensation amount in respect of the land admeasuring Ac.10.82 cents in Survey Nos.6/4, 20/1, 22/1, 8/2, 10/3/B, 10/4, 15/2, 19/2 and 27/3 of Kumaraswamygudem village, Hamlet of Marrigudem, Kunavaram Mandal, Khammam District, in favour of respondent Nos. 3 and 4 without considering the petitioner’s objections raised through legal notice dated 21-8-1987 as illegal and arbitrary. Separate counter-affidavits have been filed by respondent Nos.2 and 3 & 4. In the counter-affidavit filed on behalf of respondent Nos.3 and 4 it is inter alia stated that the petitioner has filed O.S.No.27 of 2007 on the file of the Agent to the Government at Khammam, which was transferred on 17-2- 2007 to the Court of the Sub-Divisional Magistrate (Mobile Court), Bhadrachalam and re-numbered as O.S.No.120 of 2007, for partition and permanent injunction against respondent Nos. 3 and 4; that the petitioner filed an I.A., seeking injunction against the Special Deputy Collector, Land Acquisition, Kinnarasani Project, incharge of Indira Sagar Project, Temple road, Bhadrachalam, for not releasing compensation to respondent Nos.3 and 4; and that the said I.A., is pending. At the hearing, Sri P.V.Ramana, learned counsel for respondent Nos.3 and 4 has submitted that the petitioner suppressed the fact of his filing the I.A., for injunction and has filed the present Writ Petition with the same relief and was able to secure an order of injunction from this Court. Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner, has admitted that by the time the Writ Petition was filed, I.A.No.103 of 2007 was filed for the same relief, which was claimed in WPMP No.4746 of 2008 filed in this Writ Petition; and that mistakenly the said fact was not disclosed in the Writ Petition. The jurisdiction under Article 226 of the Constitution of India is a discretionary one, which is exercised by the constitutional Courts to protect the citizens against the arbitrary action of the State and its officers and also to uphold the constitutional and legal rights of the citizens. It is well settled that such a discretionary jurisdiction will not be exercised in favour of the persons who come to the Court with unclean hands. The petitioner having filed the said I.A., for the same relief, which he has subsequently claimed in the WPMP filed in the present Writ Petition, failed to disclose the said fact even though he has discretely referred to his filing the said suit for partition and also for permanent injunction. Had the fact of the petitioner already approaching the civil Court for the similar relief been brought to the notice of this Court, in all probability this Court would not have entertained the Writ Petition and granted the interim direction. The petitioner has thus misled the Court into entertaining the Writ Petition and secured an order by suppressing a material fact. This conduct of the petitioner disentitles him to seek adjudication of the Writ Petition on merits. Accordingly, the Writ Petition is dismissed. The petitioner is saddled with costs of Rs.10,000/- (Rupees Ten thousand only) for deliberate suppression of the material fact and obtaining an order by misleading this Court. As a sequel to dismissal of the Writ Petition, interim order dated 21-2-2008 is vacated and WPMP No.4746/2008 and WVMP No.2175/2009 are disposed of as infructuous. -------------------------------------- C.V.NAGARJUNA REDDY,J Date:20-7-2011 MNR