(1.) Heard Mr. Kaushal Kishore Mishra, learned Advocate for the petitioner.
(2.) This petition has been preferred for quashing of the order dated 26th September, 2018 passed by respondent No. 3, who is an auditor of a private company, whereby the agreement with the petitioner has been terminated. On being questioned whether a private company which has terminated the agreement of the petitioner would be amenable to writ jurisdiction, the learned counsel for the petitioner has drawn the attention of this Court to a judgment of the Supreme Court in Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and Ors. Vs. V.R. Rudani and Ors.; (1989) 2 SCC 691, wherein it has positively been held in paragraphs 15 and 22 as follows:
(3.) It has categorically been stated that if the rights are purely of a private character, no mandamus can be issued. A writ of course can be issued if any private body is invested with a public duty or a duty under a statute, but not otherwise. This proposition of law is to well settled for this Court to make any discussion on the same.