LAWS(ORI)-2012-1-34

TRUPTIMAYEE PAIKRAY Vs. STATE TRANSPORT AUTHORITY

Decided On January 10, 2012
Truptimayee Paikray Appellant
V/S
STATE TRANSPORT AUTHORITY Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS Writ Petition has been filed by the petitioner with a prayer for issuance of a direction to opposite party Nos.1 and 2 not to change the ownership of the vehicle bearing Registration No.OR -02 -AX -9804, which has been seized on the ground of non -payment of loan instalments. Further prayer of the petitioner is for issuance of a direction to opposite party Nos.3 and 4 not to take possession of the said vehicle and to give her some more time to pay the balance amount.

(3.) IT appears that opposite party Nos.3 and 4 are not instrumentality of the State Government and also do not come under the purview of Article 12 of the Constitution of India. Therefore, this Court cannot exercise its discretionary power under Articles 226 and 227 of the Constitution and no writ of mandamus as prayed for by the petitioner, can be issued against either of the opposite parties.