JUDGMENT D. S. Sinha, J.
1. Heard Sri V. K. Goel the learned counsel appearing for the petitioner and Dr. Madhu Tandon learned Brief Holder of the State of U. P., representing the respondent Nos. 1 and 2. Nobody appears for the Syndicate Bank, the respondent No. 3.
2. By means of the impugned citation dated 1st August, 1995, a copy whereof is Annexure-2 to the petition, the petitioner has been called upon by the respondent No. 2 to pay a sum of Rs. 8.363, besides collection charges, etc.
3. From the averments made In the petition. It appears that the petitioner was granted by the respondent No. 3 overdraft facility against his Account in the Bank under a written agreement between him and the Bank. The limit of overdraft was' fixed at Rs. 7,000.
4. Learned counsel for the petitioner contends that the money in question cannot be recovered as arrears of land revenue.
5. It is unnecessary to examine the question whether money can be recovered as arrears of land revenue. It is not disputed that the money is due from the petitioner and he is liable to repay the same to the Bank. The petitioner has Invoked discretionary and equitable jurisdiction of this Court under Article 226 of the Constitution of India, Having availed the overdraft facility and failed to repay the money withdrawn, the petitioner cannot be allowed to take shelter behind the niceties and technicalities of law There may be illegality. Yet the Court has discretion to refuse to exercise its discretion under Article 226 of the Constitution of India in favour of the petitioner if the cause of Justice is advanced by doing so. The demand of justice and equity is that the petitioner must pay the money which he owes to the Bank. Refusal of the Court to exercise discretion for stalling recovery of the money due from him will, in the opinion of the Court, advance cause of Justice.
6. Thus, the Court declines to exercise its special, extraordinary and equitable Jurisdiction in favour of the petitioner. The petition fails and is hereby dismissed summarily. The interim orders dated 9th August, 1995 and 20th September, 1995 are vacated.