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2016 Supreme(Del) 1543

RAJIV SAHAI ENDLAW
ROSHAN LAL VOHRA & SONS – Appellant
Versus
EAST MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
Mr. Shyam Moorjani, Adv.
Mr. Balendu Shekhar & Ms. Somya Rathore, Advs. with Mr. Zavvar Kazim, Asst. Engineer, EDMC.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The petition (i) impugns the Circular dated 6th February, 2013 of the respondent East Delhi Municipal Corporation (EDMC) notifying all concerned of Rs.6.63 lacs being due from the petitioner and calling upon all concerned to recover the said amount from the payments if any due to the petitioner; and, (ii) seeks a mandamus to the respondent EDMC to make payment of Rs.6.63 lacs which had been illegally deducted from the amounts due to the petitioner under the other running contracts/agreements, along with interest at 18% per annum.

2. The petition was entertained and pleadings have been completed On 9th July, 2015, when the matter came up for hearing, attention of the counsel for the petitioners was invited to Godavari Sugar Mills Ltd. Vs. State of Maharashtra (2011) 2 SCC 439 holding that money recovery in writ jurisdiction can be done only when accompanied with a challenge to vires of a tax or statute under which recovery has been effected and which was not the position here. On the request of the counsel for the petitioners hearing was adjourned. During the course of further hearing on 14th July, 2015 the counsel for the respondent EDMC also han



























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