CIVIL WRIT PETITION NO. 9803 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 19, 2008 Parties Name Paramjit Singh ..PETITIONER VERSUS Additional Registrar (G) and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. Amar Singh, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana; Ms. Jagdeep Bains, Advocate, for respondent No. 3. JASBIR SINGH, J. (oral) Order. By filing this writ petition, the petitioner prays that order dated June 6, 2007, (P-3) be quashed. It is apparent from the records that vide order, referred to above, interim order to stay his arrest, which was earlier granted in favour of the petitioner, was recalled by respondent No. 1. Admittedly, the petitioner was working as a Secretary with respondent No. 3. On account of embezzlement committed by him of the funds of the Society, arbitration proceedings were initiated as per rules. Admittedly, as on today, 233 awards for an amount of Rs. more than 20,00,000/- have become final against him and in 689 cases, arbitration proceedings are going on . When CIVIL WRIT PETITION NO. 9803 OF 2007 -2- with a view to recover amount from him, his arrest was ordered, he filed a revision petition before respondent No. 3, who, after looking into facts of the case, as given by the petitioner, granted him the interim stay. When true facts were brought to the notice of the officer concerned, he vacated that order vide order under challenge on the ground that there existed clear concealment of material facts. Hence this writ petition. On July 13, 2007, petitioner put on record copy of the Jamabandi for the year 1997-98 and taking note of the same, his arrest was stayed. In response to notice issued by this Court, reply has been filed, wherein it has been stated that the petitioner has failed to disclose the material facts and further that by placing on record wrong Jamabandi, an attempt has been made to mislead the Court. Counsel for the parties heard. Intention of the petitioner to conceal and misrepresent the facts becomes clear when we look at the document Annexure P-5. On July 6, 2007, before this Court, petitioner took adjournment with a view to put on record some material documents. On July 13, 2007, Jamabandi Annexure P-5 for the year 1997-98 was put on record. We are of the view that by not bringing on record the latest Jamabandi, an attempt has been made to conceal the material facts. Latest Jamabandi has been shown to us at the bar by counsel for the respondents now, which clearly shows that the petitioner is the owner of only 3 Kanals and 10 Marlas of land. Translated copy of document Annexure P-5 also depicts misrepresentation of the facts. In this document, area of the land attached at the instance of the Society has not been given. When we look at the vernacular attached with this document, it CIVIL WRIT PETITION NO. 9803 OF 2007 -3- clearly indicates that the petitioner's share in the land is very small and furthermore, many mutations of sale etc. have been sanctioned, which were not shown in the translated copy of the document Annexure P-5. While exercising extra- ordinary writ jurisdiction under Article 226/227 of the Constitution of India, no relief can be granted to an individual who tried to over reach the Court. Attempt to mislead the Court and concealment of material facts are deprecated. Petitioner's counsel has failed to give us any undertaking that the petitioner is ready to deposit the amount awarded against him. Petitioner has embezzled the public money, which has to be recovered. In view of that, benefit of technicalities cannot be given to him. Dismissed. ( Jasbir Singh ) Judge ( K. C. Puri ) May 19, 2008. Judge DKC