THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.20199 OF 2010 Dated:17.08.2010 Between: M/s. Eevaram Janavartha Weekly, 7C, Samrat Complex, Opp. A.G’s Office, Saifabad, Hyderabad, represented by Its Editor, Sri K.Satyanarayana .. Petitioner And Tirumala Tirupati Devasthanams, Tirupathi, represented by its Public Relation Officer .. Respondent THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.20199 OF 2010 ORDER : This writ petition is filed seeking a declaration that the respondent – Tirumala Tirupati Devasthanams – shall pay an amount of Rs.25,000/- along with interest at the rate of 24% p.a. to the petitioner for publishing the matter in its magazine “Eevaram Janavartha Weekly” pursuant to the respondent’s letters dated 16.2.2008 and 24.2.2008. It is pleaded that the respondent by letter dated 16.2.2008 requested the petitioner to publish the matters specified therein in the petitioner’s magazine agreeing to pay a sum of Rs.25,000/- towards the publication charges. Accordingly, the matter was published in the petitioner’s magazine on 24.2.2008. However, the respondent failed to make the payment and in spite of the legal notice got issued by the petitioner there was no response. Hence this writ petition. Having heard the learned counsel for the petitioner and taken note of the material available on record, I am of the opinion that the relief sought is nothing but a money claim arising out of a commercial transaction and therefore the same cannot be adjudicated by this Court in exercise of the jurisdiction under Article 226 of the Constitution of India. Admittedly the transaction in question is not governed by the provisions of any statute. The petitioner’s right, if any, for realization of the amount from the respondent arises out of a voluntary act on the part of the petitioner and the respondent. May be the respondent, against which the petitioner made the claim is the State. However as the petitioner’s claim for realization of the money is based on the alleged infringement of a private law right, the appropriate relief has to be sought only in a properly constituted civil proceeding. Hence the Writ Petition is not maintainable and accordingly the same is dismissed leaving it open to the petitioner to avail the appropriate common law remedy before the proper forum. No costs. _____________ G. ROHINI, J. Dt. 17.08.2010 KH