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1966 DIGILAW 1 (ALL)

Nasir Ali Zulqadar Bahadur v. Officer-In-Charge

1966-01-03

JAGDISH SAHAI, W.BROOME

body1966
JUDGMENT Jagdish Sahai, J. - This special appeal is directed against the judgment of Brijlal Gupta, J., dated 16-8-1961, dismissing Writ Petition No. 1224 of 1958, filed by the appellant Nasir Ali Zulqadar Bahadur. 2. By means of the writ petition aforesaid a notice issued under the provisions of Sec. 20 of the U.P. Agricultural Income Tax Act (hereinafter referred to as the Act), dated 20-1-1958 and served upon the appellant on 31-1-1958, was sought to be quashed. The learned Single Judge recorded a finding of fact that the petitioner appellant had not approached this Court with clean hands, and for that reason he did not think it proper to admit the writ petition. No party can as of right insist on a writ petition being admitted. It is well settled that relief by means of a writ should not be given to a party which does not approach the Court with clean hands. In this view of the matter, we do not think it is a fit case for interference. We therefore dismiss the Special appeal. But we direct the parties to bear their own costs. The interim order dated 25-4-1958 is discharged. Appeal dismissed.