TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Sanjay Kumar S/O Sh. Gangu Ram – Appellant
Versus
State Of H. P. Principal Secretary (Transport) – Respondent
ORDER :
Tarlok Singh Chauhan, J.
The instant petition has been filed for the grant of following substantive reliefs:-
1. Allow the present writ petition and the auction of truck bearing No.HP 03 D 6262 may be set aside;
2. Direct the respondents to further make a fresh auction as per the guidelines and by giving the petitioner an opportunity to participate in the auction process;
3. Direct respondents to call the records pertaining to loan, auction, transfer of registration of truck bearing No. HP 03D 6262.”
2. It would be noticed that the auction of the truck has been conducted by respondent Nos. 4 and 5 i.e. Hinduja Leyland Finance Ltd. which is a private entity and not a creature of statute nor discharging statutory duties and, therefore, the writ petition is not maintainable.
3. Respondent Nos.4 and 5 against whom alone the reliefs have been claimed do not fall within the meaning of State under Article 12 of the Constitution and they are not financially, functionally and administratively dominated by or under the control of the Government. These respondents are not even discharging public duties or public functions.
4. The question regarding maintainability of the petition is otherwise
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K.K. Saksena v. International Commission on Irrigation &Drainage (2015) 4 SCC 670
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Others (2002) 5 SCC 111
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