2001 Supreme(All) 764

IN THE HIGH COURT OF ALLAHABAD
M. Katju and R. B. Misra, JJ.
BISHESHWAR SINGH ALIAS KALLOO - Appellant
Versus
DISTRICT MAGISTRATE/collector, SHAHJAHANPUR - Respondents
C. M. W. P. 27315 Of 2001
Decided On : 07/31/2001

Discretionary nature of writ jurisdiction and equity in the petitioner's favor based on their operation of the theka and collection of money.

Headnote:

theka dues - Recovery of Theka Dues - The court held that the theka dues cannot be recovered as arrears of land revenue and declined to interfere under article 226 of the Constitution of India due to the petitioner's operation of the theka and collection of money.

Fact of the Case:

The petitioner operated the theka but did not pay the theka dues, and filed a writ petition alleging that the theka dues cannot be recovered as arrears of land revenue.

Finding of the Court:

The court found that the petitioner's technical ground for obtaining a stay order through the writ petition was not equitable, considering that the petitioner had operated the theka and collected the money.

Issues: The issue was whether the theka dues could be recovered as arrears of land revenue and whether the court should interfere under article 226 of the Constitution of India.

Ratio Decidendi: The court's decision was influenced by the discretionary nature of writ jurisdiction and the lack of equity in the petitioner's favor due to their operation of the theka and collection of money.

Final Decision: The petition was dismissed.