Allahabad High Court: Writ Jurisdiction Subject to Good Faith, Concealment of Facts Deemed Fatal

In a significant ruling, the Allahabad High Court underscored the principle that the writ jurisdiction under Article 226 of the Constitution of India can only be exercised by petitioners acting in good faith and with clean hands. The court emphasized that any concealment of material facts could render the petition liable to be dismissed without any relief to the petitioner.

The case in question, M/S Genius Ortho Industries vs Union of India And Ors., involved a petition filed under Article 226 challenging the cancellation of GST registration by the Joint Commissioner, C.G.S.T. (Appeal), Meerut. The petitioner alleged that no business activity was being carried out at the premises, leading to the cancellation.

During the proceedings, it came to light that the petitioner had obtained a new registration subsequent to the cancellation of the earlier one, a fact which was not disclosed to the court. The court observed that this omission amounted to suppression of material facts, leading to wastage of time and resources.

Citing the principle of uberrima fides, the court emphasized that parties approaching the court must do so with utmost good faith and full disclosure of all relevant materials. Quoting from the case of Bhriguram De v. State of West Bengal and others, the court reiterated that the stream of justice must remain absolutely clean, and any concealment could lead to dismissal of the petition.

In its decision, the court dismissed the petition on the grounds of suppression of material facts, reaffirming the discretionary nature of the writ jurisdiction under Article 226.

This ruling serves as a reminder of the importance of transparency and honesty in judicial proceedings, ensuring the integrity of the legal process and upholding the principles of justice and fairness.