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february 1976

Supreme Court of India · 1976-02-16

DHANYALAKSHMI RICE MILLS ETC. vs THE COMMISSIONER OF CIVIL SUPPLIES AND ANOTHER

Citation / case number
SC 1972/60285
Court
Supreme Court of India
Petitioner
DHANYALAKSHMI RICE MILLS ETC.
Respondent
THE COMMISSIONER OF CIVIL SUPPLIES AND ANOTHER
Author
A.N. () RAY
Bench
A.N. (CJ) RAY

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of writ petitions filed by millers seeking a refund of administrative surcharges paid for rice export permits. The Court ruled that the payments were made voluntarily under contractual obligations, and there was no mistake of law. It emphasized that a writ of mandamus can only be issued to enforce specific legal rights, and in this case, the remedy under Article 226 was not appropriate due to the involvement of factual questions regarding the nature of the payments.

DHANYALAKSHMI RICE MILLS ETC. vs THE COMMISSIONER OF CIVIL SUPPLIES AND ANOTHER · Niyam