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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SHEKHAR B. SARAF, VIPIN CHANDRA DIXIT, JJ.
Manoj Petroleum – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual matrix of the case (Para 2 , 3) |
| 2. contentions of the petitioners (Para 4) |
| 3. contentions of the respondents (Para 5) |
| 4. analysis of maintainability (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. writ petition dismissed (Para 24 , 25 , 26) |
JUDGMENT
1. This is a writ petition under Article 226 of the Constitution of India wherein the petitioners have prayed for a writ of certiorari quashing the termination order dated December 28, 2021 passed by Nayara Energy Limited (hereinafter referred to as ‘respondent no.3’) based on the Lab Testing Report dated August 21, 2021. Petitioners have further prayed for a writ of mandamus commanding the respondents no.1 and 2 to make enquiry on the complaint of the petitioners dated January 31, 2022 and reminder dated March 4, 2022.
2. Factual matrix giving rise to the instant writ petition is delineated below:
b. Nayara Energy Limited, a company registered under the Companies Act, 1956, originally known as Essar Oil Limited, has acquired authorization from Ministry of Petroleum and Natural Gas, Government of India (hereinafter referred to as ‘respondent no.1’) to distribute franchise
A private entity, not under pervasive government control, does not qualify as 'State' under Article 12, making a writ petition against it not maintainable.
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
The main legal principle established in the judgment is that the status of an entity as an 'authority' under Article 226 of the Constitution of India depends on the nature of the public duties it dis....
A multinational company cannot be classified as an 'instrumentality of the State' under Article 12 without pervasive control or public duty imposed by the State.
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
A company can be classified as 'State' under Article 12 of the Constitution if it operates significantly under government control and serves public functions.
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