A private company collecting deposits from the public does not fall under 'Other Authorities' for writ jurisdiction without demonstrating public duty, rendering the petition non-maintainable.

JUDGMENT

Petitioner seeks for a direction to the 2^nd respondent for withdrawal of the fixed deposit and to release the amount deposited by the petitioner with the said respondent.

2. I have heard the learned Counsel for the petitioner as well as the learned Central Government Counsel for the first respondent.

3. Though the petitioner alleges that the 2^nd respondent is registered with the Ministry of Corporate Affairs, Government of India and is under its control, no material has been produced to show that the 2^nd respondent is a 'State' or falls under the category 'Other Authorities'. 4. Even though Ext.P1 certificate of fixed deposit mentions that the

2^nd respondent is registered and controlled by the Ministry of Corporate Affairs, Government of India, the same by itself will not make the 2^nd respondent fall under the category of 'Other Authorities'. Mere registration with the Registrar of Companies cannot categorize such a company as 'Other Authority' under Article 12 of the Constitution of India . Even the registration details from the Registrar of Companies has not been produced by the petitioner to convince this Court that the 2^nd respondent is amenable to the writ jurisdiction.

5. In the decision in Shobha S. v. Muthoot Finance Ltd. [2025 INSC 117], the Supreme Court laid down the following principles :

9. We may sum up thus:

(1) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence Governmental.

(2) A writ petition under Art.226 of the Constitution of India may be maintainable against (i) the State Government; (ii) Authority; (iii) a statutory body; (iv) an instrumentality or agency of the State; (v) a company which is financed and owned by the State; (vi) a private body run substantially on State funding; (vii) a private body discharging public duty or positive obligation of public nature; and (viii) a person or a body under liability to discharge any function under any Statute, to compel it to perform such a statutory function.

(3) Although a non - banking finance company like the Muthoot Finance Ltd. with which we are concerned is duty bound to follow and abide by the guidelines provided by the Reserve Bank of India for smooth conduct of its affairs in carrying on its business, yet those are of regulatory measures to keep a check and provide guideline and not a participatory dominance or control over the affairs of the company.

(4) A private company carrying on banking business as a Scheduled bank cannot be termed as a company carrying on any public function or public duty.

(5) Normally, mandamus is issued to a public body or authority to compel it to perform some public duty cast upon it by some statute or statutory rule. In exceptional cases a writ of mandamus or a writ in the nature of mandamus may issue to a private body, but only where a public duty is cast upon such private body by a statute or statutory rule and only to compel such body to perform its public duty.

(6) Merely because a Statute or a rule having the force of a statute requires a company or some other body to do a particular thing, it does not possess the attribute of a statutory body.

(7) If a private body is discharging a public function and the denial of any rights is in connection with the public duty imposed on such body, the public law remedy can be enforced. The duty cast on the public body may be either statutory or otherwise and the source of such power is immaterial but, nevertheless, there must be the public law element in such action.

(8) According to Halsbury's Laws of England, 3rd Ed. Vol.30, p.682, "a public authority is a body not necessarily a county council, municipal corporation or other local authority which has public statutory duties to perform, and which perform the duties and carries out its transac