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2001 Supreme(Bom) 219

B.P.SINGH, S.RADHAKRISHNAN
Rajasthan State Electricity Board – Appellant
Versus
Union of India and others – Respondent


JUDGMENT - B.P. SINGH, C.J.:---The question, which arises for consideration in the instant writ petition is whether this Court, in exercise of its writ jurisdiction, should issue an appropriate writ, order or direction directing the Central Government to refund to the petitioners a sum of Rs. 3,56,69,671, which has been collected from the petitioners over a period of time by mistake, in view of the fact that the circular under which the charges were initially made leviable had been withdrawn. While the petitioners contend that payment of the charges having been made, and collected, under a mistake, the petitioners are entitled to maintain this writ petition praying for the issuance of a writ of mandamus directing the respondents to refund the amount charged in excess, the respondents contend that the petitioners cannot maintain the instant writ petition for the reliefs prayed for, and must necessarily seek a remedy under the provisions of the Railways Act, 1989 for adjudication of such a claim for refund.

2. The facts of the case, which are not in dispute, are :---

Petitioners Rajasthan State Electricity Board, are an autonomous public body, wholly owned and controlled by the State




































































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