Ashok Kumar Rajwade vs Csc Wi-Fi Choupal Services India ...
2022 Latest Caselaw 1178 Chatt

                                     1

                                                                     NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                          WPC No. 1068 of 2022

Ashok Kumar Rajwade S/o. Heera Lal Rajwade, Aged About 40 Years
R/o. Ward No. 02, Uparpara Village Ramanuj Nagar District Surajpur
(Chhattisgarh).
                                                             ---- Petitioner
                                  Versus
1.   CSC Wi-Fi Choupal Services India Private Limited 238 Okhla
     Industrial Area Phase 3 New Delhi 110020.
2.   Secretary, Ministry of Communication And Information Technology,
     Government of India, Sanchar Bhawan 20 Ashok Road New Delhi
     110001.
3.   Bharat Broadband Network Limited, Third Floor Office Block I Eest
     Kidwai Nagar New Delhi 110023, Email- [email protected]
4.   Shri Niraj Hardeo Sr Manager. CSC Wi Fi Chaupal Services India
     Private Limited- 238 Okhla, Industrial Area Phase 3 New Delhi
     110020.
                                                        ---- Respondents

(Cause-title taken from Case Information System)

For Petitioner : Mr. Brajendra Singh, Advocate.

For Respondents No. 2 & 3 : Mr. Ramakant Mishra, Assistant Solicitor General.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Gautam Chourdiya, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

07.03.2022

Heard Mr. Brajendra Singh, learned counsel for the petitioner. Also

heard Mr. Ramakant Mishra, learned Assistant Solicitor General,

appearing for respondents No. 2 & 3.

2. The respondent No. 1, which is engaged in the business of providing

solutions and services related to internet technologies and internet

connectivity in Rural Areas and Semi-Urban Areas, had entered into an

agreement with the petitioner to avail services of the petitioner.

3. The writ petition is filed with the grievance that the respondent

No.4, who is the senior manager of the respondent No. 1, had terminated

the agreement unilaterally by a letter dated 08.11.2021, without affording

an opportunity of showing cause

4. Mr. Ramakant Mishra, learned Assistant Solicitor General submits

that the instant petition is not maintainable as the respondent No. 1 is a

private limited company and also, as under clause 16 of the agreement

dated 22.01.2020, the parties had agreed to submit to exclusive

jurisdiction of the Courts of Delhi in respect of all disputes arising out of

or in connection with the agreement.

5. Mr. Singh submits that the respondent No. 1 is an authority under

Article 12 of the Constitution of India and therefore, the instant writ

petition is maintainable. He has also placed reliance on the decision of

Hon'ble the Supreme Court in the case of Ramana Dayaram Shetty v.

The International Airport Authority of India & Others , reported in AIR 1979

SC 1628.

6. In Ramana Dayaram Shetty (supra), the Hon'ble Supreme Court,

after considering all relevant aspects of the matter, had come to the

conclusion that the International Airport Authority of India comes within

the purview of Article 12 of the Constitution of India.

7. The name of respondent No. 1 is CSC WI-FI Choupal Services

India Private Limited, which itself demonstrates that the same is a private

limited company.

8. In order to establish that an entity comes within the ambit of an

authority under Article 12 of the Constitution of India, the petitioner has to

place relevant materials on record. Except for making a bald statement

that the respondent No. 1 comes within the definition of a 'State', no

material particulars have been laid to show how the respondent No. 1,

which is private limited company, comes within the meaning of Article 226

of the Constitution of India.

9. In that view of the matter, the writ petition is dismissed, reserving

liberty to the petitioner to seek remedy in accordance with law, if so

advised.

                     Sd/-                                       Sd/-
           (Arup Kumar Goswami)                          (Gautam Chourdiya)
                Chief Justice                                  Judge
Hem