A single judge bench of Telangana High Court imposed ‘exemplary costs on petitioner as well as learned counsel, to be quantified at Rs.15,00,000/- (Rupees fifteen lacs only) so as to prohibit them, in future, from filing cases which result in taxing the judicial time.’
From Paras 4-7,
4. Concealing / suppression of material facts would amount to abuse of process of law, playing fraud with Court as well as opposite party. The jurisdiction exercised by the High Court under Article 226 of the Constitution is extraordinary, equitable and discretionary and it is imperative that petitioner approaching the writ Court must come with clean hands and put forward all facts before the Court without concealing or suppressing anything. A litigant is bound to state the facts which are relevant to the litigation. If he / she withholds some vital / relevant material, in order to gain advantage over the other side, then he / she would be guilty of playing fraud which cannot be countenanced. The parties have to disclose the details of all legal proceedings and litigation either past or present concerning any part of the subject matter of dispute which is within their knowledge. In case, according to the parties to the lis, no legal proceedings or court litigation were or are pending, they have to mandatorily state so in their pleadings in order to resolve the dispute between the parties in accordance with law.
5. Alas, our judicial system is grossly afflicted with frivolous litigation, hence, ways and means need to be evolved to deter litigants from their compulsive obsession towards senseless and ill-considered claims. Litigation like the present one is contributing fuel to fire in mounting pendency, disabling the Courts to discharge the prime duty of justice dissemination. One needs to keep in mind that there is an innocent sufferer on the other side of every irresponsible and senseless claim.
6. This Court expresses its dissatisfaction on the unbecoming conduct of a legal practitioner such as the counsel for petitioner in this case for wasting judicial time by filing cases suppressing the facts. It is a well-known fact that there is huge pendency of cases and pressure on Judges in disposing of such cases is enormous. Genuine litigation is not getting the attention of this Court by this type of frivolous litigation. Earlier, on couple of occasions, this Court cautioned learned counsel to refrain from filing such type of cases which benefit no citizen. Learned counsel filed Writ Petition No. 37851 of 2022 wherein, for suppression of material events, this Court imposed Rs.1,00,000/- to petitioner. Thereafter, in Writ Petition No. 2666 of 2004, for the very same reason, this Court imposed costs of Rs.1,00,000/-, however, at the request of his junior colleagues, the said order was recalled. On the next occasion, on the same ground, when this Court warned the learned counsel, he sought permission to withdraw the Writ Petition. Keeping in view the financial status of the litigant, this Court has shown lenience and disposed of the Writ Petition. Still, learned counsel has been exhibiting the same attitude which forces this Court to impose exemplary costs on petitioner as well as learned counsel, to be quantified at Rs.15,00,000/- (Rupees fifteen lacs only) so as to prohibit them, in future, from filing cases which result in taxing the judicial time.
7. With the above observations, the Writ Petition is dismissed with costs of Rs. 15,00,000/- (Rupees Fifteen lacs only) to be deposited with Telangana High Court Legal Services Committee within four weeks from today. In default, needless to say, Registry shall list the Writ Petition before the Court.
Index of Perjury Judgements is here.
