DHARMENDER KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed with the following prayers:

(2.) Learned counsel for the petitioner, when confronted with maintainability of the writ petition against the respondent No.2, a private entity as no relief has been claimed against the respondent No.1, relying upon a Constitution Bench judgment of the Hon'ble Apex Court of India in case of Ajay Hasia Vs. Khalid Mujib Sehravardi and Ors.: AIR 1981 Supreme Court 487, contended that since the State has deep and pervasive control over the affairs of the respondent No.2 and also for the reason that the respondent No.2 discharges the public function which is closely related to the Government function, it is amenable to the writ jurisdiction. He submitted that Hon'ble High Court of Delhi has, vide its order dtd. 11/1/2022, issued notice in Writ Petition No. 553/2022, Aarti Tikoo Vs. Union of India and Anr. involving identical controversy. Learned counsel further submitted that since his YouTube account has been terminated by the respondent No.2 without issuing any show cause notice or affording any opportunity of hearing, the writ petition deserves to be allowed.

(3.) Heard. Considered.