1 S.B. CIVIL WRIT PETITION NO.8398/2007 Malchand vs. State of Rajasthan and ors. Date : 12.2.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.DK Gaur, for the petitioner. Mr.MA Siddiqui, for the respondent no.3. - - - - - Heard learned counsel for the parties on an application filed by the respondent no.3 under Article 226(3) of the Constitution of India. Learned counsel for the respondent no.3 submitted that the writ petition of the petitioner is liable to be dismissed in view of the fact that the petitioner has concealed material facts. The petitioner challenged his first transfer order by preferring writ petition before this Court being SB Civil Writ Petition No.4863/2007 which was withdrawn by the petitioner on 17.8.2007. The petitioner then preferred writ petition before the Jaipur Bench of this Court to challenge the same order which was registered as SB Civil Writ Petition No.6482/2007. This writ petition 2 no.6482/2007 was dismissed by Jaipur Bench of this Court vide order dated 1.11.2007 against which the petitioner has preferred DB Civil Special Appeal (Writ) No.1445/2007. That special appeal was got dismissed as withdrawn on 24.1.2008. During pendency of said special appeal, the petitioner has preferred the present writ petition before this Court on 18.12.2007. Learned counsel for the respondent no.3, therefore, submitted that the petitioner did not disclose these relevant facts of filing writ petition before this Court at Principal seat and also did not disclose that the order Annex.5 was passed after dismissal of the petitioner's writ in the matter of transfer of the petitioner. Learned counsel for the petitioner submitted that the petitioner in para no.6 of the present writ petition clearly stated the fact of petitioner filing writ petition no.6482/2007 at Jaipur Bench and also specifically mentioned about the order dated 7.9.2007 and he also placed on record copy of order dated 7.9.2007 as Annex.4. However, the fact of dismissal of writ petition by the Jaipur Bench is not mentioned but it is mentioned in Annex.5 and, therefore, the petitioner has not suppressed this fact. 3 So far as preferring special appeal no.1445/2007, copy of which has been shown by learned counsel for the respondent no.3, learned counsel for the petitioner submitted that he is not aware of the same nor is aware of withdrawal of the said appeal. Since in a matter of transfer, the petitioner approached this Court at principal seat and thereafter at Jaipur Bench and failed and thereafter he filed the present writ petition but without disclosing the fact of dismissal of writ petition by the Jaipur Bench and without disclosing the fact of filing special appeal before the Jaipur Bench and in view of the fact that the petitioner obtained interim order during pendency of said special appeal, the petitioner has suppressed material facts in pleading and, therefore, is not entitled to invoke jurisdiction under Article 226 of the Constitution of India which is an equitable jurisdiction. In view of the above, instead of vacating the interim order, the writ petition filed by the petitioner itself is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya