Second Writ On Same Subject Without Disclosing Pending Litigation: Andhra Pradesh HC Imposes 1 Lakh Cost, Initiates Criminal Contempt Action
2 years, 4 months ago

Second Writ On Same Subject Without Disclosing Pending Litigation: Andhra Pradesh HC Imposes 1 Lakh Cost, Initiates Criminal Contempt Action

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The Andhra Pradesh High Court, while dismissing a second writ petition filed by the petitioner against the same respondents and for the same relief, observed that the filing of the second writ petition amounted to abuse of the process of the Court. The petitioner had approached the High Court praying for the issuance of the writ of mandamus directing the authorities to remove the unauthorized construction of certain commercial shops and declaring their inaction on the petitioner's earlier representations as illegal and violative of the provisions of the Andhra Pradesh Municipal Corporation Act, Andhra Pradesh Urban Areas Development Act, as well as Articles 14 and 21 of the Constitution. Furthermore, in his affidavit which was filed in support of the second petition, the petitioner had explicitly stated that he had 'not filed any suit or writ or any proceedings before any court or Tribunal, nor any writ or suit is pending before any court or Tribunal seeking the relief sought for in this writ petition.' Accordingly, the single bench of Justice Ravi Nath Tilhari imposed cost of Rupees one lakh on the petitioner for abusing the process of the Court to be deposited within one month with the Andhra Pradesh State High Court Legal Services Authority.

History of this topic

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2 years ago
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2 years, 2 months ago
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