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.