Court No. - 7
Case :- WRIT - C No. - 41526 of 2018 Petitioner :- Brijraj Respondent :- State Of U.P. And Another Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Om Prakash Singh, learned counsel for the petitioner and Sri Pawan Kumar Mishra, Advocate, holding brief of Sri Pranjal Mehrotra, learned counsel for the respondent no. 2.
2. Learned counsel for the respondent no. 2 has raised a preliminary objection as to the maintainability to the writ petition. It has been submitted that Mahindra & Mahindra Finance Ltd. is a private financial corporation which is not amenable to writ jurisdiction, it not being state within the meaning of Article 12 of the Constitution of India. Reliance has been placed on an order of the division bench in Writ-C No. 51677 of 2017 dated 14.11.2017.
3. In absence of any pleadings as may bring out any distinction between the facts of the present case and that decided by the division bench pertaining to the respondent corporation, the present petition is dismissed as not maintainable, leaving it open to the petitioner to pursue his normal remedies.
Order Date :- 20.12.2018 Prakhar