HARIPADA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: The petitioner in this art. 226 petition dated May 19, 2010 is seeking the following principal relief: -

(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.