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2018 (1) TMI 919

Head Note:
Recovery of alleged dues pursuant to a contractual work - outstanding dues of service tax - jurisdiction under Article 226 - Held that: - The question has been considered specifically in Hindustan Petroleum Corporation Limited and another Vs. Dolly Das [1999 (4) TMI 615 - SUPREME COURT] wherein Court said that in absence of any constitutional or statutory rights being involved, a writ proceeding would not lie to enforce contractual obligations even if it is sought to be enforced against State or to avoid contractual liability arising thereto. In the absence of any statutory right, Article 226 cannot be availed to claim any money in respect of breach of contract or tort or otherwise.

Mandamus sought by petitioner is nothing but grant of a money decree in extraordinary equitable jurisdiction under Article 226 which ought not to have been granted.

Petition dismissed with costs.

 

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