The Allahabad High Court, in a strongly worded judgment, imposed a penalty of ₹50,000 on Keshav Prasad and others for concealing material facts and misleading the court in a writ petition challenging consolidation proceedings. Justice Jaspreet Singh, presiding over the matter, dismissed the petition and reiterated the importance of judicial transparency, stating, “Fraud and justice never dwell together.”
The case stemmed from the petitioners’ allegations of irregularities in consolidation proceedings in Gram Jamkhuri, Sultanpur district, conducted during the COVID-19 pandemic. The petitioners contended that these proceedings violated their rights as tenure holders and claimed that orders under sections 9(ka), 20, and 42 of the Uttar Pradesh Consolidation of Holdings Act, 1953, were issued arbitrarily without notice.
Legal Issues Highlighted
The respondents, represented by the State and the Gaon Sabha, countered the petitioners’ claims with substantial evidence, demonstrating that:
1. Concealment of Prior Litigation: The petitioners failed to disclose that they had previously filed writ petitions involving the same property, which had been dismissed.
2. Fraudulent Activities: The petitioners were beneficiaries of fraudulent land records, as confirmed by earlier consolidation orders.
3. Pending FIRs: Criminal proceedings for falsification of records had been initiated against the petitioners, and some had been jailed in connection with these cases.
The court found that these omissions amounted to deliberate misrepresentation aimed at securing favorable orders.
Court’s Observations
Justice Jaspreet Singh delivered a scathing critique of the petitioners’ conduct, highlighting their abuse of judicial process. Citing established legal principles, the court emphasized:
– On Concealment: “A litigant who approaches the court must come with clean hands. Suppression of material facts vitiates the very foundation of judicial proceedings.”
– On Judicial Integrity: “Fraud unravels everything. A court of law cannot condone or perpetuate injustice caused by deliberate falsehoods and deceit.”
– On Public Resources: The court lamented the waste of judicial resources caused by frivolous litigation, stating that such cases detract from genuine grievances awaiting adjudication.
Penalty and Directions
The court not only dismissed the petition but also imposed a penalty of ₹50,000 on the petitioners, payable to the Gaon Sabha, for attempting to abuse the judicial process. Additionally, the court directed the petitioners to disclose the status of all pending litigation related to the property in question and to refrain from filing further frivolous petitions.
Case Details
– Case Title: Keshav Prasad and Others v. Consolidation Commissioner and Others
– Case Number: WRIT-B No. 853 of 2024
– Bench: Justice Jaspreet Singh
– Counsel for Petitioners: Advocate Rahul Roshan Dubey
– Counsel for Respondents: Dr. Krishna Kumar Singh (State), Advocate Mohan Singh (Gaon Sabha)
