Purshotam Dhandhania vs National Insurance Company ...
2021 Latest Caselaw 385 Cal/2

OD -3
                               WPO 134 of 2021
                      IN THE HIGH COURT AT CALCUTTA
                        Constitutional Writ Jurisdiction
                               ORIGINAL SIDE



                        PURSHOTAM DHANDHANIA
                                  VS
                  NATIONAL INSURANCE COMPANY LIMITED




  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
  Date : April 13, 2021.



                                                                                Appearance:
                                                         Mr. Bhaskar Prasad Banerjee, Adv.
                                                                 Mr. Parashar Baidya, Adv.
                                                                             ... for petitioner
                                                                   Mr. Debajyoti Datta, Adv.
                                                               Mr. Arijeet Doss Mullick, Adv.
                                                                            ...for respondent.

The Court : At the outset, learned Counsel for the respondent

Authorities take a preliminary objection as to maintainability of the writ

petition on the ground of availability of equally efficacious alternative

remedy.

Learned Counsel appearing for the petitioner, by placing reliance on

a judgment reported at 2004 SCC Online (Bom) 306, contends that a public

authority coming within a purview of Article 12 of the Constitution of India,

even while entering into contracts of a private nature, has to adhere to the

provisions of the Constitution of India as well as to natural justice.

There is no doubt on the proposition cited by learned Counsel for the

petitioner. However, a blanket application of the said proposition, without

looking into the merits of the factual aspects, ought not to be resorted to. In

order to adjudicate the disputes raised in the writ petition, factual aspects

requiring detailed evidence have to be gone into, which would not prudent in

a writ petition, particularly since an efficacious alternative remedy under a

special statue is available to the petitioner.

Accordingly, WPO 134 of 2021 is dismissed as not maintainable,

with liberty to the petitioner to approach the appropriate forum.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be

supplied to the parties upon compliance of all requisite formalities.

(SABYASACHI BHATTACHARYYA, J.)

SK.