MAINA DEVI KHEMKA Vs. STATE OF U P

JUDGEMENT

(1.) I agree with my brother Gulati J. that the writ petition should be dismissed with costs. But I would prefer to base that decision on the circumstance that the petitioner has not come to Court with clean hands and is, therefore, not entitled to equity. The circumstances surrounding the case have already been set out by my learned bro ther, and I agree with him that they show that the parties acted in collusion with one another. That inference seems to me to be a reasonable one having re gard to their conduct from the very be ginning. The petitioner has prayed for an order hi the nature of certiorari. It is settled law that certiorari lies in the discretion of the Court and issues exdebito justified. The party applying must not be guilty of conduct disentitling him to relief. On this consideration alone, I would refuse relief to the petitioner.

(2.) IN the circumstances I do not consider it necessary to express any opin ion on the question whether the Assis tant Collector had power to direct a re sale of the property.

(3.) THIS is a petition under Article 226 of the Consti tution praying for a writ of certiorari.