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2020 (8) TMI 881 - HC - Indian LawsSeeking issuance of Solvency Certificate - appellant's account was classified as NPA or not - power of Revenue Department to issue the Solvency Certificate - HELD THAT:- Among other defence, learned counsel for the respondent therein, has raised a preliminary objection that the writ petition is not maintainable, because the grant of solvency certificate is regulated by Government instructions, which are non-statutory. In support of his contention learned counsel for the respondent therein has relied on two decisions of the Hon'ble Supreme Court, the State of Assam v. Ajit Kumar Sharma, in [1964 (10) TMI 104 - SUPREME COURT] and G.J. Fernandez v. State of Mysore, [1967 (4) TMI 200 - SUPREME COURT] wherein, it was held mere administrative instructions do not confer any right on any member of the public, to ask for a writ against the Government to enforce the same. Question considered by the Hon'ble Madhya Pradesh High Court in Pt. Girija Shankar Sharma's case [1973 (8) TMI 174 - MADHYA PRADESH HIGH COURT] was whether a public body enjoined with a public duty has to act fairly, and whether the discretion conferred on such public authority Collector therein, had discharged his duties, no matter, whether he has governed by administrative instructions or not. In Pt. Girija Shankar Sharma's case, it is evident that the exercise of power by the Collector was found to be erroneous and hence the court set aside the order impugned therein. There cannot be any doubt that Collector is exercising a public duty. Question as to whether bank is discharging public duty or not, was not a question raised therein. Said judgment is totally inapposite to the case on hand. It cannot be treated as a precedent to the instant writ petition. The bank is not performing any public duty and hence, writ petition is not maintainable - Appeal dismissed.
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