It is well settled that a writ will ordinarily lie only against the State or instrumentality of the State and also that a writ will lie against a private body only when it performed a public function or discharged a public duty. A cooperative bank is basically a private entity so a writ can be issued to a cooperative bank only when it performed a public function or discharged a public duty. In this regard, it may be apposite to quote the relevant observations of the Delhi high court [Markandeya Katju, C.J and Madan B. Lokur, J.] in the case of S.D. Siddiqui v. University Of Delhi, (2006) 88 DRJ 504 (DB):
“The language of Article 226 is no doubt very wide. It states that a writ can be issued “to any person or authority” and “for enforcement of any of the rights conferred by Part III and for any other purpose.” However, the aforesaid language in Article 226 cannot be interpreted and understood literally. We cannot apply the literal rule of interpretation while interpreting Article 226. If we take the language of Article 226 literally it will follow that a writ can even be issued to any private person or to settle even private disputes. If we interpret the word “for any other purpose” literally it will mean that a writ can be issued for any purpose whatsoever, e. g., for deciding private disputes, for grant of divorce, succession certificate etc. Similarly, if we interpret the words “to any person” literally it will mean that a writ can even be issued to private persons. However, this would not be the correct meaning in view of various decisions of the Supreme Court in which it was held that a writ will ordinarily lie only against the State or instrumentality of the State vide Chander Mohan Khanna v. National Counsel of Educational Research and Training (1991) 4 SCC 578, Tekraj Vasandhi v. Union of India, AIR 1988 SC 496, General Manager, Kisan Sahkari Chini Mills Ltd. v. Satrughan Nishad (2003) 8 SCC 639, Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Ors. (2002) 5 SCC 111). In Binny Ltd. v. Sadasivan, AIR 2005 SC 3202, the Supreme Court observed that a writ will lie against a private body only when it performed a public function or discharged a public duty. …”.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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