The main legal point established in the judgment is that the petitioner had no legal right to continue in the hostel beyond a certain period, and the opposite parties did not owe any duty under law to continue the petitioner in the hostel beyond that period. Additionally, the opposite parties did not have any duty under law to observe the principles of natural justice before issuing the impugned notice.

JUDGMENT :

A.K. Patnaik, J. - Kala Vikash Kendra, Cuttack (for shot, "KVK") is a society governed by the Societies Registration Act and has been founded by Late Babulal Doshi for promoting dance, music and drama. KVK runs, inter alia, Trupti Ghosh Working Women's Hostel (for short, "the hostel"). The petitioner is a Lecturer in English in Tangi Mahavidyala of Cuttack district and has been staying in the hostel to pursue her research in the subject under the Utkal University. The Opp. Party No. 3, Secretary of KVK issued a notice dated 30.9.2003 to the petitioner asking her to vacate the hostel by the 10th of October, 2.003. In the said notice, the Opp. Party No. 3 has stated that the petitioner was allowed to stay few months more and she was advised to make alternative arrangement. The petitioner has filed this Writ Petition under Article 226 of the Constitution praying for setting aside the said notice dated 30.9.2003 issued by the Opp. Party No. 3.

2. On 8.10,2003 a Learned Single Judge of this Court acting as the Vacation Judge notice to the opposite parties and passed orders in Misc. Case No. 10100 of 2003 directing that there be interim stay of the impugned notice dated 30.9.2003. On 27.10.2003 since no one appeared for the opposite parties despite service of the notice, a Division Bench of this Court passed orders continuing the said interim Order dated 8.10.2003 until further orders.

3. On 28.10.2003 a preliminary counter-affidavit was filed on behalf of the opposite parties contending inter alia that the Writ Petition was not maintainable and was liable to be dismissed on the ground that the opposite parties are not amenable to the Writ Jurisdiction of this Court. The opposite parties relied on the order dated 29.10.1996 in OJC No. 9803 of 1996 Sri Brundaban Chandra Rath v. Kala Vikash Kendra and anothers and the Order dated 29.6.1997 in OJC No. 10450 of 1997 Sanatan Sethi v. Kala Vikash Kendra and another by which the Writ Petitions filed against KVK were dismissed on the ground that KVK was not amenable to the Writ Jurisdiction of this Court. When the matter was listed thereafter on 22.4.2004 the Counsel for the opposite parties relying on the said two decisions of the Division Bench of this Court submitted that the Writ Petition against KVK was not maintainable and after perusing the Order dated 29.10.1996 in OJC No. 9803 of 1996 and the Order dated 29.6.1997 in OJC No. 10450 of 1997 the Court observed that no reasons had been given in the said two orders for the view taken by two Division Benches of this Court that the Writ Petition was not maintainable against KVK and observed that the question of maintainability of the Writ Petition against KVK has to be decided by a reasoned order and posted the matter for hearing.

4. At the hearing, Mr. Bibudhendra Mishra, Learned Counsel for the petitioner, submitted that under Article 226 of the Constitution of India the High Court has powers to issue direction, order or writ to "any person or authority" and the expression "any person or authority" is wide enough to include a person or authority other than the State as defined in Article 12 of the Constitution. He submitted that the law is well settled that a direction, Order or Writ can be issued to even a private person performing a public duty. He argued that KVK is performing functions which are part of the functions of a Welfare State and has been receiving grants from the Government from time to time for such welfare activities. Referring to various publications on the KVK produced in Court, he submitted that KVK runs a College of Indian Dance and Music, is an Odissi Dance Centre for Performing Artists, is a Research Bureau for Folk and Tribal Dance, is a center for Champaklal Meheta Fine Arts, runs a hostel for children known as "Sishu Manjari" and also runs a Working Women's Hostel known as "Trupti Ghosh Working Women's Hostel". He further pointed out that the Departments of Hindustani Sangeet and Instrumental Music of KV