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Pvt individual can't be equated with state: HC 3/18/2016 11:34:04 PM Early Times Report Srinagar, Mar 18: A private individual cannot be equated with state or its functionaries, the J &K High Court observed today as it ruled that a person against whom writ can be issued must have some statutory or public duty to perform. The petitioner had filed a writ petition against an order by Additional District Magistrate Srinagar, dated 8-2015, directing him to close the business unit and shift it within ten days. "A writ petition is a remedy in public law which can be filed by any person but the main respondent should either be the State Government, governmental functionaries, or its instrumentalities or agencies," a single bench of the court comprising Justice B L Bhat observed while dismissing the petitioner's writ petition. "The person against whom writ can be issued must have some statutory or public duty to perform. Power under Article 226 is exercised at the instance of persons or citizens for vindication of their constitutional or statutory rights," the court said. The petitioner has business unit named M/S Kashmir Business Corporation which was established at Tengpora Bypass in Srinagar. He was ordered to shut the unit on a complaint that it was being run in the residential area. The person who had filed the complaint had claimed that the business unit was established adjacent to his residential house and that it was producing fumes and creating noise pollution. "It is seen from the pleadings of the parties and the record available in the case that there is no perversity in the order passed by the Executive Magistrate, who has exercised his jurisdiction within the bounds of law," the court said dismissed petition.   Share This News with Your Friends on Social Network     Comment on this Story

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