Law:

Section:

Article 226 of Constitution of India - Writ - Maintainability of - Petitioner filed a petition for direction to respondents to refund amount seized from his wife - In said petition petitioner never made any prayer for payment of interest - Subsequently, petitioner moved application for amendment of writ petition praying for direction to pay interest on seized amount - Whether principal amount having already been paid instant petition praying for a direction to respondents to pay interest on seized amount could not be allowed - Held, yes FACTS Initially the petitioner filed petition for a direction to the respondents to refund the amount which had been seized from his wife. Subsequently, the petitioner moved an application for amendment of the writ petition praying for a direction to pay interest on the seized amount. HELD The petitioner did make an application to the Commissioner for the refund of the principal amount but had never made any prayer for the payment of interest. In that view of the matter writ of mandamus could not be issued to the petitioner, the principal amount having already been paid. The writ petition was, therefore, dismissed. Note: The case was decided…

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