- (1.) The Court: The petitioner in this art. 226 petition dated May 19, 2010 is seeking the following principal relief: - "a).. A writ in the nature of Mandamus commanding the respondent Customs authorities mainly the respondent nos.3 and 4 to act in accordance with law and to take steps for refunding the auction amount of Rs.86,000/- (Rupees Eighty six thousand) only held on 14.4.2004 as per bid list No.226/04 dated 14.4.2004 being receipt No.0977431 issued by the Inspector of Customs, Kajdia Customs M.P.P. being annexure "P-1" to the writ petition."
(2.) His case is this. He purchased thirty-one head of cattle at auction held by Duttaphulia BSF Camp in the district Nadia on April 14, 2004 for Rs.86,000. On April 15, 2004 some policemen forcibly took away the cattle from his house without giving him any seizure list. He submitted a representation dated June 15, 2007 requesting the Superintendent of Customs to refund him Rs.86,000 he had paid for the cattle. The Superintendent of Customs did not give any attention to his request.
(3.) No law empowered the Superintendent of Customs to decide whether some policemen wrongfully took away the cattle purchased by the petitioner at the auction held by Duttaphulia BSF Camp on April, 14, 2004. No law entitled the petitioner to submit a representation asking the Superintendent of Customs to refund the sum of Rs.86,000 he had paid for the cattle. I am, therefore, unable to see how the petitioner could call upon the Superintendent of Customs to return his cattle or refund him Rs.86,000 he had paid for them.;