CAMA HOTELS LTD. Vs. SAMIR AND ORS.

JUDGEMENT

(1.) By this writ application under article 226 of the Constitution of India, the writ applicant has prayed" for the following reliefs:

(2.) On the face of the cause-title, this writ application could be said to be not maintainable. This writ application has been preferred by Cama Hotels Limited in its capacity as a public limited company duly incorporated under the Companies Act, 1956. However, without going into any other technicality, we thought fit to examine the matter on its merits.

(3.) Article 226 of the Constitution of India confers extraordinary jurisdiction on the High Court to issue high prerogative writs for the enforcement of the fundamental rights or for any other purpose. The legal position is that a juristic person such as a company is not entitled to any of the freedoms guaranteed by the Constitution of India. The company is the sole petitioner before us. It is a company incorporated under the Companies Act. The fundamental rights as enshrined under the Constitution of India are guaranteed to a citizen. The writ applicant, not being a citizen, is not entitled to complain of breach or violation of any of its fundamental rights (see Divisional Forest Officer v. Bishwanath Tea Company Ltd. [1981] AIR 1981 SC 1368).