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2015 (6) TMI 257 - HC - Indian LawsAuthority to withhold grant of inspection certificates - Alleged violation on the part of the petitioner in respect of past export consignments - Held that:- In the present case, it is apparent that the action of respondent Nos. 1 & 2 in withholding the certificates is patently without authority of law and thus, warrants interference under Article 226 of the Constitution of India. The Supreme Court in Rajasthan State Industrial Development and Investment Corporation [2013 (2) TMI 673 - SUPREME COURT] had, inter alia, held that writ discretion must be exercised by the court on grounds of public policy, public interest and public good. The writ is equitable in nature and thus, its issuance is governed by equitable principles. Refusal of relief must be for reasons which would lead to injustice. Applying the aforesaid principles, in the given facts and circumstances, it is apposite that this Court exercise its jurisdiction to enforce the respondents to perform their duty. In my view it is not necessary for this Court to refrain from exercising its jurisdiction under Article 226 of the Constitution of India on account of existence of an alternate remedy. - Decided in favour of appellant.
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