KALYAN JYOTI SENGUPTA, J.

( 1 ) THIS petition has been filed being aggrieved with the decision of the appropriate department refusing to pay interest for the amount earlier deposited and thereafter refunded in terms of the order of the CEGAT. It is an admitted position that this writ petition is not based on any statutory right, but the question of negligence on the part of the department concerned. It is settled position of the law that negligence on part of the State may be due to failure to discharge constitutional obligation or simple statutory one. The power of this Court is there to grant appropriate relief without asking the litigants to go to the Civil Court but not in all cases, but in the cases where there is no dispute as regard facts, invoking of writ jurisdiction is not inappropriate. Here the fact is required to be narrated in brief. By the first authority the petitioner was asked to pay penalty and the other duty which he did. Thereafter he took up this matter in appeal to the CEGAT. Ultimately the CEGAT vide its order dated 21st June, 2001 set aside the order and allowed the refund of the amount deposited to the extent of 50%.

( 2 ) THIS CEGAT's judgment and order

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