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HIGH COURT OF HIMACHAL PRADESH
MR. JUSTICE TARLOK SINGH CHAUHAN, MR. JUSTICE CHANDER BHUSAN BAROWALIA, JJ
SANJAY KUMAR – Appellant
Versus
STATE OF H.P. PRINCIPAL SECRETARY (TRANSPORT) – Respondent
| Table of Content |
|---|
| 1. writ petition filed for auction relief. (Para 1) |
| 2. auction by private entity not maintainable. (Para 2) |
| 3. criteria for public duty in writ jurisdiction. (Para 3 , 4) |
| 4. delegated principles from landmark cases. (Para 5 , 6 , 7) |
ORDER
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 an
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