writ petition is maintainable aginst private body?
3 Answers from Attorneys
Yes, writ petition is maintainable aganist private body sometimes, but not all the time.
Maintainability of a writ petition against private bodies depend upon their functions and characters. At times private bodies are discharging "public" functions making them amenable to writ jurisdiction. There may be several such situations which are to be examined on case to case basis.
A writ may be maintained against a private body only if such private body is discharging functions which are the duties of the State, either as its instrumentality or even if such body shows that the State has pervasive control and supervision upon the functioning of such private body, such as prescribing rules of operation ofthe functions, provision of finances for disbursment of salaries etc;
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