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Judgment
Raghvendra Singh Chauhan, CJ
Having argued the case at some length, the learned counsel for the appellant seeks permission to withdraw this appeal.
What is indeed surprising about this appeal is the fact that the appellant has challenged the order dated 24.08.2021, passed by the learned Single Judge of this Court in Writ Petition (M/S) No. 901 of 2021, whereby the learned Single Judge has dismissed the writ petition after imposing a cost of Rs. 10,000/-. For, the petitioner had approached the Writ Court while intentionally and deliberately hiding the fact that for the same set of relief, he had filed a Writ Petition (PIL) No.87 of 2019, before the learned Division Bench of this Court. The said PIL was dismissed by the Division Bench of this Court by its order dated 04.07.2019. Yet notwithstanding the dismissal of the PIL, on 09.04.2021, the petitioner had filed a Writ Petition before the learned Single Judge. Considering the fact that the petitioner had approached the Court with unclean hands, the learned Single Judge has not only dismissed the Writ Petition but has also imposed a cost of Rs. 10,000/- on the petitioner.
Notwithstanding the dismissal of the Writ Petition and the imposition of a cost of Rs. 10,000/- , the petitioner has filed the present appeal before this Court.
It is, indeed, a shocking state of affairs that the petitioner, who has approached the Writ Court with unclean hands and has been imposed a cost of Rs. 10,000/-, still has the courage to file an appeal before this Court. Even if the learned counsel for the appellant seeks permission of this Court to withdraw the present appeal, he shall be permitted to withdraw this appeal only after the appellant has deposited a cost of Rs. 25,000/-. The said cost shall be deposited in favour of Uttarakhand High Court Advocates Welfare Fund.
The District Magistrate of the District Haridwar is directed to ensure that the said cost is duly deposited with the Uttarakhand High Court Advocates Welfare Fund within a period of four weeks. The Registry is directed to inform this Court whether the said amount has, indeed, been deposited in favour of Uttarakhand High Court Advocates Welfare Fund or not? In case the said amount is not deposited within the stipulated period, the Registry is directed to list this case immediately thereafter before this Court for further orders.