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1993 Supreme(Bom) 219

V.A.MOHTA, S.M.JHUNJHUNUWALA
Pesi Shroff – Appellant
Versus
State of Maharashra and others – Respondent


JUDGMENT - V.A. MOHTA, J. :---Pesi Shroff is a flat racing jockey of repute. The Royal Western India Turf Club (`the Turf Club') denied to him the racing licence for the racing calendar 1992-1993. Aggrieved thereby, he has filed this writ petition under Article 226 of the Constitution, against the Turf Club for restoration of his licence.

2. Preliminary jurisdictional point which we were called upon to decide is, whether this writ petition is maintainable.

3. Whether the Turf Club is a "State" within the extended meaning given to the said term under Article 12 of the Constitution?

4. The concept `State' takes within its sweep not only the executive and legislative wings of the Union and the States but also local bodies as well as `other authorities' which would include the instrumentalities or agencies of the State or institutions which discharge public functions of a governmental nature. Great mass of case law has developed in the process of interpreting the expression "other authorities". Starting point of long line of decisions is the case of (The Rajasthan State Electricity Board, Rajasthan v. Mohan Lal)1, A.I.R. 1967 S.C. 1856, wherein, departing from the earlier views, the Supre





























































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