2002 Supreme(All) 813

IN THE HIGH COURT OF ALLAHABAD
M. Katju and D. R. Chaudhary, JJ.
RAKESH SHUKLA - Appellant
Versus
DISTRICT MAGISTRATE/sub-DIVISIONAL MAGISTRATE - Respondents
C. M. W. P. 25780 Of 2002
Decided On : 07/08/2002

A writ petition must satisfy the court that not only the law has been violated but equity is also in the petitioner's favor, and lack of equity can lead to the dismissal of the petition.

Headnote:

recovery certificate - theka - The court dismissed the writ petition challenging the recovery certificate issued for non-payment of theka money, stating that even if the law was violated, there was no equity in favor of the petitioner.

Fact of the Case:

The petitioner operated the theka but did not pay the theka money, leading to the issuance of the recovery certificate. The petitioner challenged the recovery on the ground that it could not be made as arrears of land revenue.

Finding of the Court:

The court found that the petitioner's challenge did not warrant the exercise of discretion under Article 226, as the petitioner failed to show both a violation of the law and equity in his favor. The court noted that the petitioner did not dispute the liability to pay the amount but sought to delay payment.

Issues: Dispute over the recovery certificate for non-payment of theka money and the petitioner's challenge based on the ground that the recovery could not be made as arrears of land revenue.

Ratio Decidendi: The court emphasized that a writ petition must demonstrate both a violation of the law and equity in the petitioner's favor. In this case, even if the law was violated, the lack of equity in favor of the petitioner led to the dismissal of the writ petition.

Final Decision: The writ petition was dismissed by the court.