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M/S AJUDHIA DISTILLARY JAIPUR v MUNICIPAL CORPORATION, JAIPUR - SAW Case No. 02821 of 2005 [2006] RD-RJ 1870 (6 September 2006)

D.B.Civil Special Appeal (W) No.02821/2005 (D.)
(M/s. Ajudhya Distillery & Anr. Vs. Municipal Corporation)

Hon'ble Mr. Justice Shiv Kumar Sharma
Hon'ble Mr. Justice Chatra Ram

Mr. Anurag Agarwal for the appellants


Considering the submissions, the defects pointed out by the registry are over-ruled.

Heard on the application filed U/s. 5 of the Limitation Act also.

Considering the submissions, the delay occurred in filing the appeal is condoned.

The application U/s. 5 of the Limitation Act is consequently allowed.

The prayer of the appellants in the writ petition is that the respondent-Corporation be directed to forthwith refund a sum of Rs. 3,39,427/-.

Learned counsel canvassed that the writ petition for recovering the sum is maintainable in this Court under Article 226 of the Constitution of India.

We are not impressed by this submission. If the amount in the sum of Rs. 3,39,427/- is not paid to the appellants, they should approach the Civil Court. The disputed questions of fact cannot be resolved in the writ petition under Article 226 of the Constitution of India.

We find no error in the impugned order of learned Single Judge. The appeal being devoid of merit, stands dismissed.

(Chatra Ram),J. (Shiv Kumar Sharma),J.



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