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State Of Orissa vs Ram Chandra Dev & Anr on 25 November, 1963

10. Before parting with the case, it needs to be mentioned that although the powers of the High Court under Article 226 of the Constitution of India are far and wide and the Court must ever be vigilant to protect the citizens against any arbitrary executive action, nonetheless, courts have a constructive role and therefore on this basis it is settled that there is always a need to use such extensive powers with due circumspection. In this regard, while exercising its equity jurisdiction, this Court can take cognizance of the entire facts and circumstances of the case to pass appropriate orders to give the parties complete and substantial justice keeping in mind the principles of equity. It is also a settled legal position that this Court being a Court of equity, shall ensure that no person is entitled to obtain equitable relief under Article 226 if his conduct is blame worthy. The circumstances in which the High Court could issue appropriate writ under this Article has been delineated by a Constitution Bench of the Apex Court in the case of State of Orissa v. Ram Chandra Devi AIR 1964 SC 685, wherein Gajendra Gadkar, J., speaking for the Bench, observed as follows:-
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