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M/S. SHIVAJI MACHINERY STORE, & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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M/S. Shivaji Machinery Store, & Others v. State Of U.P. & Others - WRIT - C No. 17486 of 1999 [2007] RD-AH 11256 (5 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

Heard learned counsel for the petitioners.

The petitioners, by means of this writ petition has prayed for the following reliefs :-

(a) to issue an order, direction or writ in the nature of mandamus directing the respondents to pay the due amount of subsidy to the petitioners for the supply of sprinkler sets in year 95-96, 96-97 and 97-98 along with the interest of 18% per annum forthwith.

(b) to issue any other order, direction or writ in the nature of sutaibale, as in the circumstances of the case which this Hon'ble court may deem fit and proper.

(c) to award cost of the writ petition to the petitioners.

A perusal of reliefs claimed by the petitioners clearly demonstrates that the petitioner has approached this Court for enforcement of some sort of contract or promise between the petitioners and the contesting respondents, a breach whereof can very well be enforced by Civil Court in a Civil Suit. In these circumstances, without entering into merits of the petitioners' case we dismiss the writ petition on the ground that the question more appropriately be dealt with by Civil Court in case the petitioners file a civil suit.

Dt: 5.7.2007.

mhu - 17486/99


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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