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2005 Supreme(Raj) 2333
High Court Of Rajasthan
Judgename : Shiv Kumar Sharma
Shriram Oil Extractions Ltd. - Appellant
Versus
Raj.State Industrial Development & Investment Corporation Ltd. - Respondent
S.B. Civil Writ Petition No. 2738 of 1991
Decided On : 10/17/2005
Mr. R.P. Agrawal, for the Petitioners.
Mr. Indresh Sharma, for Mr. Alok Sharma, for the Respondents.
The object of Article 226 of the Constitution is the enforcement of an existing valid right and not establishment of any right.
Headnote:
Enforcement of Existing Valid Right - Rajasthan State Industrial Development & Investment Corporation Ltd. - The court held that the object of Article 226 of the Constitution is the enforcement of an existing valid right and not the establishment of any right. It emphasized that the High Court should not interfere in the day-to-day work of statutory and other authorities as long as they remain within their bounds and do their duties as enjoined on them by law. Since the guidelines issued by IDBI did not provide any valid right to the petitioner, no relief as sought in the writ petition could be granted.
Fact of the Case:
The petitioners sought direction to grant them benefits as provided under the guidelines issued by IDBI.
Finding of the Court:
The court found no merit in the writ petition and dismissed it without any order as to costs.
Issues:
Ratio Decidendi: The object of Article 226 of the Constitution is the enforcement of an existing valid right and not establishment of any right. The High Court should not interfere in the day-to-day work of statutory and other authorities as long as they remain within their bounds and do their duties as enjoined on them by law.
Final Decision: The writ petition was dismissed without any order as to costs.
Shiv Kumar Sharma, J.-The petitioners in the instant writ petition seek direction in the name of Rajasthan State Industrial Development & Investment Corporation Ltd. to grant to the petitioners all the benefits as provided under the guidelines issued by IDBI.
2. I have heard the submissions advanced before me.
3. The object of Article 226 of the Constitution is the enforcement of an existing valid right and not establishment of any right. It is not for the High Court to interfere in the day-to-day work of statutory and other authorities, so long as they remain within their bounds and do their duties as enjoined on them by law. Since, guidelines issued by IDBI do not provid any valid right to the petitioner no relief as sought in the writ petition can be granted.
4. I find no merit in the writ petition and the same stands accordingly dismissed without any order as to costs.
