RAMADHAR Vs. COLLECTOR JAUNPUR

JUDGEMENT

(1.) LIST revised. No one appears either for the petitioner or for private respondents. Learned standing counsel for the respondent Nos. 1 to 3 is present.

(2.) IN normal course in such a situation writ petition is to be dismissed in default on the principles of explanation inserted by C.P.C.(amendment) Act 1976 to order 41 Rule 17 C.P.C. However, in some rare cases this principle has to be ignored in exercise of writ jurisdiction particularly when petitioner is behaving in an extremely unjust manner and public property is involved.

(3.) THE objections were rejected through order dated 12.7.1996 passed by Deputy Collector/S.D.O. Sahahganj, District Jaunpur, which has been challenged through this writ petition. In the impugned order it is mentioned that twice chakabandi had taken place in the village in question still ponds in dispute continued to be recorded in the revenue record as pond belonging to gaon sabha and that if earlier the said ponds were not let out for fisheries purposes it did not mean that gaon sabha had no right to auction the pond for fisheries purposes.