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TMI Blog1966 (9) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... ded in this way: Chanks are grown only in the States of Madras and Ceylon. In order to ensure a supply of these chanks to artisans of West Bengal, the Government of West Bengal, in 1956, formulated a scheme through its Directorate of Industries, for the purchase of chanks from Madras and Ceylon and then to distribute them to the artisans through the Cooperative Societies. In June, 1961, the Scheme, with its staff, was transferred to the West Bengal Industries Corporation Ltd., which describes itself as a Government of West Bengal Undertaking. It is further stated in the Petition that though the Corporation is a company registered under the Companies Act, its shares are confined to the Government or its nominees and its Articles of Association expressly declare that no invitation shall be issued to the public to subscribe any shares or stock or debentures stock of the Company. 3. The Government of Madras has recently allotted chanks worth ₹ 6.75 lakhs to the Corporation but by the impugned order, the Managing Director has allotted all these chanks to only three out of the 24 Chank Co-operative Societies of West Bengal. But by the same order (Ann. B), the Corporation has i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent in a Writ Petition may be (a) constitutional or (b) non-constitutional. 9-A. A. In the case before me, it has been argued that the act of the Corporation complained of constitutes a violation of Article 14 of the Constitution, the other constitutional grounds taken in the petition not being pressed at the hearing. 10. One thing is clear, namely, that whenever a complaint of violation of fundamental rights included in Part III of our Constitution is made, the person aggrieved can have no remedy unless the respondent can be brought within the definition of 'State' given in Article 12. So far as Article 14 is concerned, the position is made clear by the Article itself inasmuch as it enjoins the State specifically, by its opening words. 10A. There has been a mass of judicial decisions in the U. S. A. upon the concept of 'State action' which lies at the foundation of the guarantee of Equal Protection. In India, Courts have been spared that much of labour in view of the word 'State being defined at the beginning of Part III of the Constitution, and the controversy, if any, must be as to the interpretation of this definition. Article 12 gives the defin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the same platform with the Government and Legislature of the Union or a State or a local authority, such as a Municipality and like bodies which come within the definition of the expression 'local authority' in Section 3(31) of the General Clauses Act, 1897, which has been imported to interpreter the expression 'local authority' in Article 12 (cf. Sarangapani v. Madras Port Trust, AIR1961Mad234 ; Kishan Singh v. State of Punjab, (3) (FB)). Though there has been some controversy as to whether the expression 'other authorities' must be interpreted ejusdem generis with the expression 'local authority' AIR1954Mad67 or it would comprise other statutory bodies which do not discharge functions similar to that of a local self-Government organ, e.g., a State Electricity Supply Board (Mohan Lal v. State, (FB)) or a Devaswom Board (AIR 1956 Trav. Co. 19) there is an agreement on the following points:-- (i) In order to constitute an 'other authority' within the meaning of Article 12, the body must be a body created by statute and having the power to make regulations having the force of law (Paramatnia v. Chief Justice, AIR 1956 Trav Co. 19 (21)) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n fine, I must hold that the Petitioners challenge under Article 14 must fail. 16. B. But even though a body of persons may not constitute 'State' within the definition of Article 12, a writ under Article 226 may sometimes lie against it on non-constitutional grounds or on ground of contravention of provisions of the Constitution outside Part III. 17. The prerogative writ of mandamus lies to enforce the performance of a 'public duty' at the instance of a person who establishes that he has a legal right to enforce the performance of such duty. Such right or duty may not be constitutional and may be founded on statute or common law, but no relief by way of mandamus will be available unless the legal right of the Petitioner and the legal duty of the Respondent is of a public nature (R. v. Bank of England (1819) 2 B. and A. 620 (622); R. v. London Assurance Co. (1822) 106 ER 1420 Halsbury, 3rd Ed., Vol. 11 Para 195, p. 105). It will not, therefore, issue to enforce a private right, such as one arising from a contract, (Ex parte Pering (1836) 111 ER 1040). 18. Mr. Ali, on behalf of the Petitioner before me relied on the observations in Norris v. Irish Land Co. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s who claim against the Petitioner under that law. The principle laid down in this case is, in fact, applied in Sohan Lal v. State Industrial Tribunal, [1957]1SCR738 , with respect to the invasion of any legal right of the, Petitioner by the executive action of the State. Suppose a private person dispossesses another in collusion with or with the aid of public officials, but without the authority of law. In such a case, the Petitioner is entitled to his relief not only against the public officials but also against the private person, for, otherwise, his relief against the public officials would be infructuous. This is what is meant in the following observation in Sohan Lal's case. AIR 1959 SC 529 - Normally, a writ of mandamus does not issue to or an order in the nature of mandamus is not made against a private individual. Such an order is made against a person directing him to do some particular thing, specified in the order, which appertains to his office and is in the nature of a public duty. If it had been proved that the Union of India and the appellant (a private person) had colluded and the transaction between them was merely colourable, entered into with a view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that as it may, I am of opinion that the instant petition under Article 226 is not maintainable. Respondent has filed counter affidavit, meeting the averments in the petition, and the petition has been canvassed on the merits. There is no arguable issue for which a Rule may he issued, prolonging the litigation. 23. Though dismissing the petition. I would, in fairness to the petitioner, like to observe that I feel that hardship and economic disadvantage may possibly be caused to particular Societies unless the Corporation directs its plan of distribution to the needs of the industry as a whole, and, having regard to the history and magnitude of the Corporation, there is reason to apprehend that the powers in the hands of the Corporation are liable to be abused unless the Government, at its topmost level, exercises some control over the activities of such a big middleman. Even though I am bound to dismiss the petition, I do believe that the petitioner may still obtain some consideration or relief if he approaches the heads of the Department concerned. I may also add that the problem created by such hybrid 'Government Companies' and public corporations has attracted the att ..... X X X X Extracts X X X X X X X X Extracts X X X X
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