2005 (9) TMI 96

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ds which unfortunately for the petitioner instead of being released in the normal course to the petitioner by the Customs Authority after realising the duty payable etc., came to be auctioned by the Customs Authorities and in such a sale the amount realised by the customs authorities being far less than the value as indicated by the petitioner. 2.Petitioner, is now seeking for issue of a writ of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... by auctioning the goods etc. 4.While no writ in the nature of a mandamus to pay a definite sum can be issued to any authority unless entitlement had been determined by any competent forum and assessed to receive the amount by the petitioner which alone can possibly enable such a person to seek for issue of a writ of mandamus. 5.The principles governing issue of a writ of mandamus is well know .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to the respondents to pay the petitioner a sum of Rs. 3,75,871/-. If the petitioner claims and is entitled to for this amount it will have to be determined, which is an exercise not undertaken in writ jurisdiction. Writ jurisdiction is meant for enforcement of existing rights and not for determining the rights and thereafter for enforcing it. Moreover the petitioner not having questioned such oth .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X