*Rs 50,000 cost imposed on petitioner
Excelsior Correspondent
JAMMU, Oct 30: High Court of Jammu & Kashmir and Ladakh has held that parallel proceedings cannot be initiated in two different forums for same relief as the same may given rise to forum hunting and abuse the process of law.
High Court was dealing with a writ petition challenging order dated May 2, 2022 passed by J&K Special Tribunal Srinagar whereby the Tribunal has rejected the application of the petitioner for not impleading him as necessary party and allowed the appeal by directing the Municipal authorities to consider the regularization of minor deviations in the constructions made by the private respondents.
After hearing counsel for the parties at length and perusal of record, Justice Wasim Sadiq Nargal observed, “it is clear that the petitioner after having failed before the civil court has chosen to withdraw the suit filed by him before the court of Civil Subordinate Judge/Municipal Srinagar and has initiated parallel proceedings by way of filing the present petition under Article 226 of the Constitution of India”, adding “the petitioner threw challenge to the order impugned passed by the Tribunal dated 02.05.2022, by virtue of which the caveat application filed by the petitioner was dismissed and the caveat was discharged”.
Pointing towards the judgment of Constitution Bench of the Supreme Court, Justice Nargal observed, “a person may choose/effect where it will proceed with the alternative remedy or with the writ petition, but both cannot be pursued simultaneously”, adding “even where a party has approached the alternative forum, the court should entertain a writ petition or not, a straitjacket formula cannot be formulated”.
“The court may examine the facts and circumstances of the case and decide as to whether it was to entertain the petition or not. However, where the petitioner has already approached the alternative forum for appropriate relief, it is not appropriate that the writ petition should be entertained. The rule is based on public policy and motivating factor is that of existence of the parallel jurisdiction in another court”, High Court said.
Justice Nargal further said, ” it is clear that a person may have a right to choose the forum for redressal of his grievance, but he/she cannot be permitted to choose two forums in respect of the same subject-matter for the same relief”, adding “if parallel proceedings are allowed, they may give rise to forum hunting, wherein, a party who filed a suit and was not able to get the interim relief abandons the remedy before the civil court and approaches the remedy of filing the writ petition, it will amount to abuse of the process of the court by forum hunting”.
Furthermore, the petitioner, with a view to mislead this court and to get the interim order, has deliberately suppressed the factum of filing appeal before the civil court against the order of withdrawal of the suit and the appeal is pending disposal as on date before the court of 3rd Additional District & Sessions Judge Srinagar, Justice Nargal said.
With these observations, High Court dismissed the writ petition and for suppression of material fact of filing appeal before the court of 3rd Additional District and Sessions Judge Srinagar, the High Court has imposed a cost of Rs 50,000 on the petitioner.
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