JAGUAR TRANSPORT CO. PVT. LTD. Vs. CENTRAL COALFIELDS LTD.
LAWS(JHAR)-2008-11-115
HIGH COURT OF JHARKHAND
Decided on November 27,2008

Jaguar Transport Co. Pvt. Ltd. Appellant
VERSUS
CENTRAL COALFIELDS LTD. Respondents

JUDGEMENT

- (1.) : 1. The present writ petitioner has been filed for issuance of an appropriate writ, order or direction or a writ in the nature of certiorari for quashing the letter dated 14.7.2000 issued under the signature of General Manager (Transport), CCL by which the petitioner has been intimated about deduction of Rs.3,45,273.78 from the transportation bill which was prepared for the payment of the petitioner arising out of transportation work which the petitioner has undertaken in the light of agreement entered into between the petitioner and the respondent authorities.
(2.) THE petitioner has further prayed for issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to refund a sum of Rs.3,45,273.78 along with interest which principal amount the respondent authorities have illegally deducted from the transportation bill of the petitioner considering the fact that any damages for setting on fire of the Dumper of other Articles for no fault of the petitioner, the said amount can not be realized from transportation bills of petitioner and on the absence of any such condition in the agreement. Prima -facie it appears that the writ petition in its form and prayer is not maintainable and cannot be entertained under Article 226 of the Constitution of India, since the claim arises purely from a contractual field. Further the refund, as challenged cannot be decided under Article 226 of the Constitution of India
(3.) THE counsel for the petitioner after some arguments prays to withdraw this writ petition with liberty to approach the authority for redressal lf his grievance. This writ petition is accordingly disposed of with no order as to costs.;


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